Oklahoma § 51-163 - Venue - Parties - Real party in interest - Service of

§ 51-163. Venue - Parties - Real party in interest - Service of

process.

A. Venue for actions against the state within the scope of this

act shall be either the county in which the cause of action arose or

Oklahoma County, except that a constitutional state agency, board or

commission may, upon resolution filed with the Secretary of State,

designate another situs for venue in lieu of Oklahoma County.

B. Actions against all political subdivisions within the scope

of this act shall be brought in the county in which the situs of the

political subdivision is located or in the county in which the cause

of action arose; provided, any action brought against a municipality

which is an owner of a dam, based upon the construction,

maintenance, or operation of the dam, shall be brought in the county

where the dam or a major portion of the dam is located.

C. Suits instituted pursuant to the provisions of this act

shall name as defendant the state or the political subdivision

against which liability is sought to be established. In no instance

shall an employee of the state or political subdivision acting

within the scope of his employment be named as defendant with the

exception that suits based on the conduct of resident physicians and

Oklahoma Statutes - Title 51. Officers

interns shall be made against the individual consistent with the

provisions of Title 12 of the Oklahoma Statutes.

D. All actions against the state or political subdivision shall

be filed in the name of the real party or parties in interest, and

in no event shall any claim be presented nor recovery be made under

the right of subrogation.

E. In all actions against the state, service shall be perfected

by mailing, by certified mail, return receipt requested, a summons

and a copy of the petition to the Attorney General. Claimant shall

also mail, by certified mail, return receipt requested, a copy of

the summons and a copy of the petition to the administrative head of

the state agency or agencies involved and a copy of the summons and

a copy of the petition to the Risk Management Administrator of the

Purchasing Division of the Office of Management and Enterprise

Services.

F. In suits against political subdivisions the petition and

summons shall be served in the manner prescribed by law for civil

cases generally. If no method is prescribed by law, then service

may be had on the administrative head of the political subdivision

being sued, if available, and if not, the court in which the suit is

pending may authorize service in such manner as may be calculated to

afford the political subdivision a fair opportunity to answer and

defend the suit.

G. No attempt shall be made in the trial of any action brought

against the state or any political subdivision or employee within

the scope of this act to suggest the existence of any insurance

which covers in whole or in part any judgment or award which may be

rendered in favor of the plaintiff.

Added by Laws 1978, c. 203, § 13, eff. July 1, 1978. Amended by

Laws 1984, c. 226, § 14, eff. Oct. 1, 1985; Laws 1985, c. 357, § 3,

operative Oct. 1, 1985; Laws 1986, c. 247, § 24, operative July 1,

1986; Laws 1999, c. 293, § 24, eff. Nov. 1, 1999; Laws 2012, c. 304,

§ 209.

NOTE: Laws 1984, c. 228, § 6 repealed by Laws 1985, c. 357, § 5,

operative Oct. 1, 1985.