Oklahoma § 12-683 - Dismissal of action - Grounds and time

§ 12-683. Dismissal of action - Grounds and time

Except as provided in Section 684.1 of this title, an action may

be dismissed, without prejudice to a future action:

1. By the plaintiff, before the final submission of the case to

the jury, or to the court, where the trial is by the court;

2. By the court, where the plaintiff fails to appear on the

trial;

3. By the court, for the want of necessary parties;

4. By the court, on the application of some of the defendants,

where there are others whom the plaintiff fails to prosecute with

diligence;

5. By the court, for disobedience by the plaintiff of an order

concerning the proceedings in the action; and

6. In all other cases, upon the trial of the action, the

decision must be upon the merits.

R.L.1910, § 5125. Amended by Laws 2004, c. 368, § 3, eff. Nov. 1,

2004; Laws 2013, 1st Ex.Sess., c. 13, § 2; Laws 2013, 1st Ex.Sess.,

c. 13, § 3.

NOTE: Laws 2009, c. 228, § 5 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Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed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. 13, § 1.