Oklahoma § 12-2009

§ 12-2009.

Pleading special matters.

PLEADING SPECIAL MATTERS

A. CAPACITY. It is not necessary to aver the capacity of a

party to sue or be sued or the authority of a party to sue or be

sued in a representative capacity or the legal existence of an

organized association of persons that is made a party. When a party

desires to raise an issue as to the legal existence of any party or

the capacity of any party to sue or be sued or the authority of a

party to sue or be sued in a representative capacity, he shall do so

by negative averment, which shall include such supporting

particulars as are peculiarly within the pleader's knowledge, and he

shall have the burden of proof on that issue.

B. FRAUD, MISTAKE, CONDITION OF THE MIND. In all averments of

fraud or mistake, the circumstances constituting fraud or mistake

shall be stated with particularity. Malice, intent, knowledge, and

other condition of mind of a person may be averred generally.

C. CONDITIONS PRECEDENT. In pleading the performance or

occurrence of conditions precedent, it is sufficient to aver

generally that all conditions precedent have been performed or have

occurred. A denial of performance or occurrence shall be made

specifically and with particularity.

D. OFFICIAL DOCUMENT OR ACT. In pleading an official document

or official act it is sufficient to aver that the document was

issued or the act done in compliance with law.

E. JUDGMENT. In pleading a judgment or decision of a domestic

or foreign court, judicial or quasi-judicial tribunal, or of a board

Oklahoma Statutes - Title 12. Civil Procedure

or officer, it is sufficient to aver the judgment or decision

without setting forth matter showing jurisdiction to render it.

F. TIME AND PLACE. For the purpose of testing the sufficiency

of a pleading, averments of time and place are material and shall be

considered like all other averments of material matter.

G. SPECIAL DAMAGE. When items of special damage are claimed,

their nature shall be specifically stated. In actions where

exemplary or punitive damages are sought, the petition shall not

state a dollar amount for damages sought to be recovered but shall

state whether the amount of damages sought to be recovered is in

excess of or not in excess of the amount required for diversity

jurisdiction pursuant to Section 1332 of Title 28 of the United

States Code.

H. MOTION TO CLARIFY DAMAGES. If the amount of damages sought

to be recovered by the plaintiff is less than the amount required

for diversity jurisdiction pursuant to Section 1332 of Title 28 of

the United States Code, the defendant may file, for purposes of

establishing diversity jurisdiction only, a Motion to Clarify

Damages prior to the pretrial order to require the plaintiff to show

by a preponderance of the evidence that the amount of damages, if

awarded, will not exceed the amount required for diversity. If the

court finds that any damages awarded are more likely than not to

exceed the amount of damages required for diversity jurisdiction,

the plaintiff shall amend his or her pleadings in conformance with

paragraph 2 of subsection A of Section 2008 of this title.

Added by Laws 1984, c. 164, § 9, eff. Nov. 1, 1984. Amended by Laws

1987, c. 78, § 3, eff. Nov. 1, 1987; Laws 2013, 1st Ex. Sess., c. 9,

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

5, emerg. eff. Sept. 10, 2013.

NOTE: Laws 2009, c. 228, § 13 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.