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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022 )
HOUSE BILL 3450 By: O'Donnell of the House
and
Daniels of the Senate
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2021, Section 2015, which relates to amended
pleadings; requiring certain procedu re for amended
pleadings; and providing an effective date .
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 2015, is
amended to read as follows:
Section 2015. AMENDED AND SUPPLEMENTAL PLEADINGS
A. AMENDMENTS. A party may amend his or her pleading once as a
matter of course at any time before a responsive pleading is served
or, if the pleading is one to which no responsive pleading is
permitted and the action has not been placed upon the trial
calendar, he or she may so amend it at any time within twenty (20)
days after it is served. Amendments to add omitted counterclaims or
to add or drop parties may be made as a matter of course within the
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time specified above. Otherw ise a party may amend the pleading only
by leave of court by submitting the proposed amendment with the
motion for leave of court or by written consent of the adverse
party; and leave shall be freely given when justice so requires. A
party shall respond t o an amended pleading within the time remaining
for response to the original pleading or withi n twenty (20) days
after the service of the amended pleading, whichever p eriod may be
longer, unless the court otherwise orders.
B. AMENDMENTS TO CONFORM TO THE EVIDENCE. When issues not
raised by the pleadings or by the pretrial conference order, where
the order has superseded the pleadings, are tried by express or
implied consent of the parties, they shall be treated in all
respects as if they had been raised i n the pleadings or the pretrial
conference order. Such amendment as may be necessary to cause the
pleadings or the pretrial conference order to conform to the
evidence and to raise these issues may be made upon motion of any
party at any time, even after judgment; but failure so to amend does
not affect the result of the trial of these issues. If evidence is
objected to at the trial on the ground that it is not within the
issues made by the pleadings or the pretrial conference order, the
court may allow the pleadings or the pretrial conference order to be
amended and shall do so freely when the pr esentation of the merits
of the action will be served thereby and the obj ecting party fails
to satisfy the court that the admission of such evidence would
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prejudice him or her in maintaining the action or defense upon the
merits. The court may grant a con tinuance to enable the objecting
party to meet such evidence.
Where the pretrial conference order has superseded the
pleadings, it is sufficient to amend the orde r and the pleadings
shall not be amended.
C. RELATION BACK OF AMENDMENTS. An amendment of a pleading
relates back to the date of the original pleading when:
1. Relation back is permitted by the law that provides the
statute of limitations applicable to the action; or
2. The claim or defense asserted in the amended pleading arose
out of the conduct, transaction, or occurrence set forth or
attempted to be set forth in the original pleading; or
3. The amendment changes the party or the naming of the party
against whom a claim is asserted if paragraph 2 of this subsection
is satisfied and, within t he period provided by subsection I of
Section 2004 of this title for serv ice of the summons and petition,
the party to be brought in by amendment:
a. has received such notice of the institution of the
action that he or she will not be prejudiced in
maintaining a defense on the merits; and
b. knew or should have known that, but for a mistake
concerning the identity of the proper party, the
action would have been bro ught against him or her.
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An amendment to add an omitted counterclaim does not relate back to
the date of the original answer.
The delivery or mailing of process to the Attorney General of
Oklahoma, or an agency or officer who would have been a proper
defendant if named, satisfies the requirements of subparagraphs a
and b of this paragraph with resp ect to the State of Oklahoma or any
agency or officer thereof to be broug ht into the action as a
defendant.
D. SUPPLEMENTAL PLEADINGS. Upon motion of a party th e court
may, upon reasonable notice and upon such terms as are just, permit
the party to serve a supplemental pleading setting forth
transactions or occurrences or eve nts which have happened since the
date of the pleading sought to be supplemented. Permis sion may be
granted even though the original pleading is defective in its
statement of a claim for relief or defense. If the court deems it
advisable that the adverse party plead to the supplemental pleading,
it shall so order, specifying the time therefo r. A supplemental
pleading relates back to the date of the original pleading if it
arises out of the conduct, transaction, or occurrence set forth in
the original pleading.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/03/2022 - DO PASS,
As Coauthored.