Oklahoma 2022 Regular Session

Oklahoma House Bill HB3450 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	An Act
2		-	ENROLLED HOUSE
	1	+
	2	+
	3	+	SENATE FLOOR VERSION - HB3450 SFLR Page 1
	4	+	(Bold face denotes Committee Amendments) 1
	5	+	2
	6	+	3
	7	+	4
	8	+	5
	9	+	6
	10	+	7
	11	+	8
	12	+	9
	13	+	10
	14	+	11
	15	+	12
	16	+	13
	17	+	14
	18	+	15
	19	+	16
	20	+	17
	21	+	18
	22	+	19
	23	+	20
	24	+	21
	25	+	22
	26	+	23
	27	+	24
	28	+
	29	+	SENATE FLOOR VERSION
	30	+	March 29, 2022
	31	+
	32	+
	33	+	ENGROSSED HOUSE
3	34		BILL NO. 3450 By: O'Donnell of the House
4	35
5	36		and
6	37
7	38		Daniels of the Senate
8		-
9		-
10	39
11	40
12	41
13	42
14	43		An Act relating to civil procedure; amending 12 O.S.
15	44		2021, Section 2015, which relates to amended
16	45		pleadings; requiring certain procedure for amended
17	46		pleadings; and providing an effective date .
18	47
19	48
20	49
21	50
22		-	SUBJECT: Civil procedure
23		-
24	51		BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
25		-
26	52		SECTION 1. AMENDATORY 12 O.S. 2021, Section 2015, is
27	53		amended to read as follows:
28		-
29	54		Section 2015. AMENDED AND SUPPLEMENTAL PLEADINGS
30		-
31	55		A. AMENDMENTS. A party may amend his or her pleading once as a
32	56		matter of course at any time before a responsive pleading is served
33	57		or, if the pleading is one to which no responsive pleading is
34	58		permitted and the action has not been placed upon the trial
35	59		calendar, he or she may so amend it at any time within twenty (20)
36	60		days after it is served. Amendments to add omitted counterclaims or
37	61		to add or drop parties may be made as a matter of course within the
38	62		time specified above. Otherwise a party may amend the pleading only
39	63		by leave of court by submitting the proposed amendment with the
	64	+
	65	+	SENATE FLOOR VERSION - HB3450 SFLR Page 2
	66	+	(Bold face denotes Committee Amendments) 1
	67	+	2
	68	+	3
	69	+	4
	70	+	5
	71	+	6
	72	+	7
	73	+	8
	74	+	9
	75	+	10
	76	+	11
	77	+	12
	78	+	13
	79	+	14
	80	+	15
	81	+	16
	82	+	17
	83	+	18
	84	+	19
	85	+	20
	86	+	21
	87	+	22
	88	+	23
	89	+	24
	90	+
40	91		motion for leave of court or by written consent of the adverse
41	92		party; and leave shall be freely given when justice so requires. A
42	93		party shall respond to an amended pleading within the time remaining
43	94		for response to the original pleading or withi n twenty (20) days
44	95		after the service of the amended pleading, whichever p eriod may be
45	96		longer, unless the court otherwise orders.
46		-	ENR. H. B. NO. 3450 Page 2
47	97		B. AMENDMENTS TO CONFORM TO THE EVIDENCE. When issues not
48	98		raised by the pleadings or by the pretrial conference order, where
49	99		the order has superseded the pleadings, are tried by express or
50	100		implied consent of the parties, they shall be treated in all
51	101		respects as if they had been raised in the pleadings or the pretrial
52	102		conference order. Such amendment as may be necessary to cause the
53	103		pleadings or the pretrial conference order to conform to the
54	104		evidence and to raise these issues may be made upon motion of any
55	105		party at any time, even after judgment; but failure so to amend does
56	106		not affect the result of the trial of these issues. If evidence is
57	107		objected to at the trial on the ground that it is not within the
58	108		issues made by the pleadings or the pretrial conference order, the
59	109		court may allow the pleadings or the pretrial conference order to be
60	110		amended and shall do so freely when the pr esentation of the merits
61	111		of the action will be served thereby and the obj ecting party fails
62	112		to satisfy the court that the admission of such e vidence would
63	113		prejudice him or her in maintaining the action or defense upon the
	114	+
	115	+	SENATE FLOOR VERSION - HB3450 SFLR Page 3
	116	+	(Bold face denotes Committee Amendments) 1
	117	+	2
	118	+	3
	119	+	4
	120	+	5
	121	+	6
	122	+	7
	123	+	8
	124	+	9
	125	+	10
	126	+	11
	127	+	12
	128	+	13
	129	+	14
	130	+	15
	131	+	16
	132	+	17
	133	+	18
	134	+	19
	135	+	20
	136	+	21
	137	+	22
	138	+	23
	139	+	24
	140	+
64	141		merits. The court may grant a con tinuance to enable the objecting
65	142		party to meet such evidence.
66		-
67	143		Where the pretrial conference order has superseded the
68	144		pleadings, it is suffici ent to amend the order and the pleadings
69	145		shall not be amended.
70		-
71	146		C. RELATION BACK OF AMENDMENTS. An amendment of a pleading
72	147		relates back to the date of the original pleading when:
73		-
74	148		1. Relation back is permitted by the law that provides the
75	149		statute of limitations applicable to the action; or
76		-
77	150		2. The claim or defense asserted in the amended pleading arose
78	151		out of the conduct, transaction, or occurrence set forth or
79	152		attempted to be set forth in the original pleading; or
80		-
81	153		3. The amendment changes the party or th e naming of the party
82	154		against whom a claim is asserted if paragraph 2 of this subsection
83	155		is satisfied and, within t he period provided by subsection I of
84	156		Section 2004 of this title for serv ice of the summons and petition,
85	157		the party to be brought in by amend ment:
86		-
87	158		a. has received such notice of the institution of the
88	159		action that he or she will not be prejudiced in
89		-	maintaining a defense on the merits ;, and
90		-	ENR. H. B. NO. 3450 Page 3
	160	+	maintaining a defense on the merits; and
91	161		b. knew or should have known that, but for a mistake
92	162		concerning the identity of the proper party, the
93	163		action would have been brought against him or her.
94	164
	165	+	SENATE FLOOR VERSION - HB3450 SFLR Page 4
	166	+	(Bold face denotes Committee Amendments) 1
	167	+	2
	168	+	3
	169	+	4
	170	+	5
	171	+	6
	172	+	7
	173	+	8
	174	+	9
	175	+	10
	176	+	11
	177	+	12
	178	+	13
	179	+	14
	180	+	15
	181	+	16
	182	+	17
	183	+	18
	184	+	19
	185	+	20
	186	+	21
	187	+	22
	188	+	23
	189	+	24
	190	+
95	191		An amendment to add an omitted counterclaim does not relate back to
96	192		the date of the original answer.
97		-
98	193		The delivery or mailing of process to the Attorney General of
99	194		Oklahoma, or an agency or officer who would hav e been a proper
100	195		defendant if named, satisfies the requirements of subparagraphs a
101	196		and b of this paragraph with resp ect to the State of Oklahoma or any
102	197		agency or officer thereof to be broug ht into the action as a
103	198		defendant.
104		-
105	199		D. SUPPLEMENTAL PLEADINGS. Upon motion of a party the court
106	200		may, upon reasonable notice and upon such terms as are just, permit
107	201		the party to serve a supplemental pleading setting forth
108	202		transactions or occurrences or eve nts which have happened since the
109	203		date of the pleading sought to be supplemented. Permission may be
110	204		granted even though the original pleading is defective in its
111	205		statement of a claim for relief or defense. If the court deems it
112	206		advisable that the adverse party plead to the supplemental pleading,
113	207		it shall so order, specif ying the time therefor. A supplemental
114	208		pleading relates back to the date of the original pleading if it
115	209		arises out of the conduct, transaction, or occurrence set forth in
116	210		the original pleading.
117		-
118	211		SECTION 2. This act shall become effective N ovember 1, 2022.
119		-
120		-
121		-	ENR. H. B. NO. 3450 Page 4
122		-	Passed the House of Representatives the 9th day of March, 2022.
123		-
124		-
125		-
126		-
127		-	Presiding Officer of the House
128		-	of Representatives
129		-
130		-
131		-	Passed the Senate the 20th day of April, 2022.
132		-
133		-
134		-
135		-
136		-	Presiding Officer of the Senate
137		-
138		-
139		-	OFFICE OF THE GOVERN OR
140		-	Received by the Office of the Governor this ____________________
141		-	day of ___________________, 20_______, at _______ o'clock _______ M.
142		-	By: _________________________________
143		-	Approved by the Governor of the State of Oklahoma this _____ ____
144		-	day of ___________________, 20_______, at _______ o'clock _______ M.
145		-
146		-
147		-	_________________________________
148		-	Governor of the State of Oklahoma
149		-
150		-	OFFICE OF THE SECRETARY OF STATE
151		-	Received by the Office of the Secretary of State this __________
152		-	day of ___________________, 20__ _____, at _______ o'clock _______ M.
153		-	By: _________________________________
154		-
	212	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	213	+	March 29, 2022 - DO PASS