Oklahoma § 12-2008

§ 12-2008.

General rules of pleading.

GENERAL RULES OF PLEADING

A. CLAIMS FOR RELIEF. A pleading which sets forth a claim for

relief, whether an original claim, counterclaim, cross-claim or

third-party claim, shall contain:

1. A short and plain statement of the claim showing that the

pleader is entitled to relief; and

2. A demand for judgment for the relief to which he deems

himself entitled. Every pleading demanding relief for damages in

money in excess of the amount required for diversity jurisdiction

pursuant to Section 1332 of Title 28 of the United States Code

shall, without demanding any specific amount of money, set forth

only that the amount sought as damages is in excess of the amount

required for diversity jurisdiction pursuant to Section 1332 of

Title 28 of the United States Code, except in actions sounding in

contract. Every pleading demanding relief for damages in money in

an amount that is required for diversity jurisdiction pursuant to

Section 1332 of Title 28 of the United States Code or less shall

specify the amount of such damages sought to be recovered. Relief

in the alternative or of several different types may be demanded.

B. DEFENSES; FORM OF DENIALS. A party shall state in short and

plain terms his defenses to each claim asserted and shall admit or

deny the averments upon which the adverse party relies. If he is

without knowledge or information sufficient to form a belief as to

Oklahoma Statutes - Title 12. Civil Procedure

the truth of an averment, he shall so state and this statement has

the effect of a denial. Denials shall fairly meet the substance of

the averments denied. When a pleader intends in good faith to deny

only a part or a qualification of an averment, he shall specify so

much of it as is true and material and shall deny only the

remainder. Unless the pleader intends in good faith to controvert

all the averments of the preceding pleading, he may make his denials

as specific denials of designated averments or paragraphs or he may

generally deny all the averments except such designated averments or

paragraphs as he expressly admits; but, when he does so intend to

controvert all its averments, he may do so by general denial subject

to the obligations set forth in Section 2011 of this title.

C. AFFIRMATIVE DEFENSES. In pleading to a preceding pleading,

a party shall set forth affirmatively:

1. Accord and satisfaction;

2. Arbitration and award;

3. Assumption of risk;

4. Contributory negligence;

5. Discharge in bankruptcy;

6. Duress;

7. Estoppel;

8. Failure of consideration;

9. Fraud;

10. Illegality;

11. Injury by fellow servant;

12. Laches;

13. License;

14. Payment;

15. Release;

16. Res judicata;

17. Statute of frauds;

18. Statute of limitations;

19. Waiver; and

20. Any other matter constituting an avoidance or affirmative

defense.

When a party has mistakenly designated a defense as a

counterclaim or a counterclaim as a defense, the court on terms, if

justice so requires, shall treat the pleading as if there had been a

proper designation.

D. EFFECT OF FAILURE TO DENY. Averments in a pleading to which

a responsive pleading is required, other than those as to the amount

of damage, are admitted when not denied in the responsive pleading.

Averments in a pleading to which no responsive pleading is required

or permitted shall be taken as denied or avoided.

E. PLEADING TO BE CONCISE AND DIRECT; CONSISTENCY.

1. Each averment of a pleading shall be simple, concise, and

direct. No technical forms of pleadings or motions are required.

Oklahoma Statutes - Title 12. Civil Procedure

2. A party may set forth, and at trial rely on, two or more

statements of a claim or defense alternately or hypothetically,

either in one count or defense or in separate counts or defenses.

When two or more statements are made in the alternative and one of

them if made independently would be sufficient, the pleading is not

made insufficient by the insufficiency of one or more of the

alternative statements. A party may also state as many separate

claims or defenses as he has regardless of consistency and whether

based on legal or equitable grounds. All statements shall be made

subject to the obligations set forth in Section 2011 of this title.

F. CONSTRUCTION OF PLEADINGS. All pleadings shall be so

construed as to do substantial justice.

Added by Laws 1984, c. 164, § 8, eff. Nov. 1, 1984. Amended by Laws

1987, c. 78, § 2, eff. Nov. 1, 1987; Laws 2013, 1st Ex. Sess., c. 9,

§ 2, emerg. eff. Sept. 10, 2013; Laws 2013, 1st Ex. Sess., c. 9, §

3, emerg. eff. Sept. 10, 2013.

NOTE: Laws 2009, c. 228, § 12 was held unconstitutional by the

Oklahoma Supreme Court in the case of Douglas v. Cox Retirement

Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed

by Laws 2013, 1st Ex. Sess., c. 9, § 1, emerg. eff. Sept. 10, 2013.