Oklahoma § 12-95 - Limitation of other actions

§ 12-95. Limitation of other actions

A. Civil actions other than for the recovery of real property

can only be brought within the following periods, after the cause of

action shall have accrued, and not afterwards:

1. Within five (5) years: An action upon any contract,

agreement, or promise in writing;

2. Within three (3) years: An action upon a contract express

or implied not in writing; an action upon a liability created by

statute other than a forfeiture or penalty; and an action on a

foreign judgment;

3. Within two (2) years: An action for trespass upon real

property; an action for taking, detaining, or injuring personal

property, including actions for the specific recovery of personal

property; an action for injury to the rights of another, not arising

on contract, and not hereinafter enumerated; an action for relief on

the ground of fraud - the cause of action in such case shall not be

deemed to have accrued until the discovery of the fraud;

4. Within one (1) year: An action for libel, slander, assault,

battery, malicious prosecution, or false imprisonment; an action

upon a statute for penalty or forfeiture, except where the statute

imposing it prescribes a different limitation;

5. An action upon the official bond or undertaking of an

executor, administrator, guardian, sheriff, or any other officer, or

upon the bond or undertaking given in attachment, injunction,

arrest, or in any case whatever required by the statute, can only be

Oklahoma Statutes - Title 12. Civil Procedure

brought within five (5) years after the cause of action shall have

accrued;

6. An action based on intentional conduct brought by any person

for recovery of damages for injury suffered as a result of childhood

sexual abuse incidents or exploitation as defined by Section 1-1-105

of Title 10A of the Oklahoma Statutes or incest against the actual

perpetrator shall be commenced by the forty-fifth birthday of the

alleged victim. If the person committing the act of sexual abuse

against a child was employed by an institution, agency, firm,

business, corporation or other public or private legal entity that

owed a duty of care to the victim, or the accused and the child were

engaged in some activity over which the legal entity had some degree

of responsibility or control, the action must be brought against

such employer or legal entity within two (2) years; provided, that

the time limit for commencement of an action pursuant to this

paragraph is tolled for a child until the child reaches the age of

eighteen (18) years. No action may be brought against the alleged

perpetrator or the estate of the alleged perpetrator after the death

of such alleged perpetrator, unless the perpetrator was convicted of

a crime of sexual abuse involving the claimant. An action pursuant

to this paragraph must be based upon objective verifiable evidence

in order for the victim to recover damages for injuries suffered by

reason of such sexual abuse, exploitation, or incest. The victim

need not establish which act in a series of continuing sexual abuse

incidents, exploitation incidents, or incest caused the injury

complained of;

7. An action based on intentional conduct brought by any person

for recovery of damages for injury suffered as a result of criminal

actions, as defined by the Oklahoma Statutes, may be brought against

any person incarcerated or under the supervision of a state, federal

or local correctional facility on or after November 1, 2003:

a.

at any time during the incarceration of the offender

for the offense on which the action is based, or

b.

within five (5) years after the perpetrator is

released from the custody of a state, federal or local

correctional facility, if the defendant was serving

time for the offense on which the action is based;

8. An action to establish paternity and to enforce support

obligations can be brought any time before the child reaches the age

of eighteen (18);

9. An action to establish paternity can be brought by a child

in accordance with Section 7700-606 of Title 10 of the Oklahoma

Statutes;

10. Court-ordered child support is owed until it is paid in

full and it is not subject to a statute of limitations;

Oklahoma Statutes - Title 12. Civil Procedure

11. All actions filed by an inmate or by a person based upon

facts that occurred while the person was an inmate in the custody of

one of the following:

a.

the State of Oklahoma,

b.

a contractor of the State of Oklahoma, or

c.

a political subdivision of the State of Oklahoma,

to include, but not be limited to, the revocation of earned credits

and claims for injury to the rights of another, shall be commenced

within one (1) year after the cause of action shall have accrued;

and

12. An action for relief, not hereinbefore provided for, can

only be brought within five (5) years after the cause of action

shall have accrued.

B. Collection of debts owed by inmates who have received damage

awards pursuant to Section 566.1 of Title 57 of the Oklahoma

Statutes shall be governed by the time limitations imposed by that

section.

R.L.1910, § 4657. Amended by Laws 1953, p. 48, § 1, emerg. eff.

June 1, 1953; Laws 1961, p. 60, § 1; Laws 1971, c. 316, § 3, emerg.

eff. June 24, 1971; Laws 1992, c. 344, § 1, eff. Sept. 1, 1992; Laws

1994, c. 356, § 11, eff. Sept. 1, 1994; Laws 1996, c. 233, § 1, eff.

Nov. 1, 1996; Laws 2002, c. 402, § 1, eff. July 1, 2002; Laws 2004,

c. 168, § 1, emerg. eff. April 27, 2004; Laws 2005, c. 159, § 1,

emerg. eff. May 10, 2005; Laws 2008, c. 99, § 4, eff. Nov. 1, 2008;

Laws 2009, c. 234, § 111, emerg. eff. May 21, 2009; Laws 2017, c.

221, § 1, eff. Nov. 1, 2017; Laws 2017, c. 378, § 1, eff. Nov. 1,

2017.

NOTE: Laws 2004, c. 168, § 18, providing for an effective date of

Nov. 1, 2004, was repealed by Laws 2004, c. 382, § 4, emerg. eff.

June 3, 2004.