Oklahoma § 12-2025

§ 12-2025.

Substitution of parties.

SUBSTITUTION OF PARTIES

A. DEATH.

1. If a party dies and the claim is not thereby extinguished,

the court may order substitution of the proper parties. The motion

for substitution may be made by any party or by the successors or

representatives of the deceased party and, together with the notice

of hearing, shall be served on the parties as provided in Section

2005 of this title and upon persons not parties in the manner

provided in Section 2004 of this title for the service of a summons.

During the pendency of an action any party or any attorney who was

an attorney of record for the deceased party immediately preceding

death may file with the court a statement of the death of another

party conforming substantially to Form 22 of Section 2027 of this

title along with proof of death and serve the statement of death and

proof of death on all other parties in the manner provided in

Section 2005 of this title. Unless the motion for substitution is

made within ninety (90) days of service of the statement of death,

the action shall be dismissed without prejudice as to the deceased

party.

2. In the event of the death of one or more of the plaintiffs

or of one or more of the defendants in an action in which the right

Oklahoma Statutes - Title 12. Civil Procedure

sought to be enforced survives only to the surviving plaintiffs or

only against the surviving defendants, the action does not abate. A

statement of death conforming substantially to Form 22 of Section

2027 of this title along with proof of death shall be filed with the

court by any party and served on all other parties, and the action

shall proceed in favor of or against the surviving parties.

B. INCOMPETENCY. If a party becomes incompetent, the court

upon motion served as provided in subsection A of this section may

allow the action to be continued by or against the representative of

the incompetent party.

C. TRANSFER OF INTEREST. In case of any transfer of interest,

the action may be continued by or against the original party, unless

the court upon motion directs the person to whom the interest is

transferred to be substituted in the action or joined with the

original party. Service of the motion shall be made as provided in

subsection A of this section.

D. PUBLIC OFFICERS; DEATH OR SEPARATION FROM OFFICE.

1. When a public officer is a party to an action in the

official capacity of the public officer and during its pendency

dies, resigns, or otherwise ceases to hold office, the action does

not abate and the successor of the public officer is automatically

substituted as a party. Proceedings following the substitution

shall be in the name of the substituted party, but any misnomer not

affecting the substantial rights of the parties shall be

disregarded. An order of substitution may be entered at any time,

but the omission to enter such an order shall not affect the

substitution.

2. When a public officer sues or is sued in the official

capacity of the public officer, the public officer may be described

as a party by the official title of the public officer rather than

by name; but the court may require the name of the public officer to

be added.

Added by Laws 1984, c. 164, § 27, eff. Nov. 1, 1984. Amended by

Laws 2009, c. 251, § 1, eff. Nov. 1, 2009.