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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 326 By: Daniels
AS INTRODUCED
An Act relating to the Oklahoma Pleading Cod e;
amending 12 O.S. 2011, Sections 2008, as last amended
by Section 3, Chapter 9, 1st Ex. Se ss. O.S.L. 2013,
and 2009, as last amended by Section 5, Chapter 9,
1st Ex. Sess., O.S.L. 2013 (12 O.S. Supp. 20 20,
Sections 2008 and 2009), which relate to general
rules and special matters; modifying req uirements for
certain claims and averments; definin g term;
conforming language; making language gender neutral;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2011, Section 2008, as
last amended by Section 3, Chapter 9, 1st Ex. Sess., O.S.L. 2013 (12
O.S. Supp. 2020, Section 2008), is amended to read as follows:
Section 2008.
GENERAL RULES OF PLEADING
A. CLAIMS FOR RELIEF. A pleading which sets forth a claim for
relief, whether an original claim, coun terclaim, cross-claim or
third-party claim, shall contain:
1. A short and plain statement , made with particularity of all
material facts known to the pleading part y that support the claim
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showing, that creates a reasonable inference that the pleader is
plausibly entitled to relief. For the purposes of this paragraph, a
material fact is a fact that is necessary to the claim and without
which the claim could not be s upported. As to facts pleaded on
belief, the pleading party shall set forth with particular ity the
factual information supporting the pleading party ’s belief; and
2. A demand for judgment for the relief to which he or she
deems himself or herself entitled. Every pleading demanding relief
for damages in money in excess of the amount required fo r diversity
jurisdiction pursuant to Section 1332 of Title 28 of the United
States Code shall, without demanding any specific amount of money,
set forth only that t he amount sought as damages is in excess of the
amount required for diversity jurisdiction p ursuant to Section 1332
of Title 28 of the United States Code, except in actions sounding in
contract. Every pleading demanding relief for damages in money in
an amount that is required for diversity juri sdiction pursuant to
Section 1332 of Title 28 of th e United States Code or less shall
specify the amount of such damages sought to be recovered. Relief
in the alternative or of several different types may be demand ed.
B. DEFENSES; FORM OF DENIALS. A par ty shall state in short and
plain terms his or her defenses to each claim asserted and shall
admit or deny the averments upon which the adverse party relies. If
he or she is without knowledge or information suffici ent to form a
belief as to the truth of a n averment, he or she shall so state and
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this statement has the effect of a denial. Denials shall fairly
meet the substance of the averments denied. When a pleader intends
in good faith to deny only a part or a qu alification of an averment,
he or she shall specify so much of it as is true and material an d
shall deny only the remainder. Unless the pleader intends in good
faith to controvert all the averments of the preceding pleading, he
or she may make his or her denials as specific denials of designated
averments or paragraphs or he or she may generally deny all the
averments except such designated averments or paragraphs as he or
she expressly admits; but, when he or she does so intend to
controvert all its averm ents, he or she may do so by general deni al
subject to the obligations set forth in Section 2011 of this title.
C. AFFIRMATIVE DEFENSES. In pleading to a preceding pleading,
a party shall set forth affirmatively:
1. Accord and satisfaction;
2. Arbitration and award;
3. Assumption of risk;
4. Contributory negligence;
5. Discharge in bankrup tcy;
6. Duress;
7. Estoppel;
8. Failure of consideration;
9. Fraud;
10. Illegality;
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11. Injury by fellow servant;
12. Laches;
13. License;
14. Payment;
15. Release;
16. Res judicata;
17. Statute of frauds;
18. Statute of limitations;
19. Waiver; and
20. Any other matter constituting an avoidance or affirmative
defense.
When a party has mistakenly designated a defense as a
counterclaim or a counterclaim as a defense, the court on terms, if
justice so requires, shall treat the pleading as if th ere had been a
proper designation.
D. EFFECT OF FAILURE TO DENY. Averments in a pleading to which
a responsive pleading is required, other than those as to the am ount
of damage, are admitted when not den ied in the responsive pleading.
Averments in a pleading to which no responsive pleading is required
or permitted shall be taken as denied or avoided.
E. PLEADING TO BE CONCISE AND DIRECT ALTERNATIVE STATEMENTS ;
CONSISTENCY INCONSISTENCY.
1. Each averment of a pleading shall be simple, concise, and
direct. No technical forms of pleadings or motions are required.
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2. A party may set forth, and at trial rely on, two or more
statements of a claim or defense alternate ly or hypothetically,
either in one count or defense or in separate counts or defenses.
When two or more statements are made in the alternative and one of
them if made independently would be sufficient, the pleading is not
made insufficient by the insuffi ciency of one or more of the
alternative statements. A party may also state as many separat e
claims or defenses as he or she has regardless of consistency and
whether based on legal or equitable grounds. All statements shall
be made subject to the obliga tions set forth in Section 2011 of this
title.
F. CONSTRUCTION OF PLEADINGS. All pleadings shall be so
construed as to do substantial justice.
SECTION 2. AMENDATORY 12 O.S. 2011, Section 2009, as
last amended by Section 5, Chapter 9, 1st Ex. Sess., O.S.L. 2013 (12
O.S. Supp. 2020, Section 2009), is amended to read as fol lows:
Section 2009.
PLEADING SPECIAL MATTERS
A. CAPACITY. It is not necessary to aver the capacity of a
party to sue or be sued or the authority of a party to sue or be
sued in a representative capacity or the legal existence of an
organized association of persons that is made a party. When a party
desires to raise an issue as to the legal existence of any party or
the capacity of any party to sue or be sued or th e authority of a
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party to sue or be sued in a representative capacity, he or she
shall do so by negative averment, which shall include such
supporting particulars as are peculiarly within the pleader ’s
knowledge, and he or she shall have the burden of proo f on that
issue.
B. FRAUD, MISTAKE, COND ITION OF THE MIND. In accordance with
paragraph 1 of subsection A of Section 2008 of this title, in all
averments of fraud or mistake, the circumstances constituting fraud
or mistake shall be stated with particular ity. Malice, intent,
knowledge, and other condition of mind of a person may be averred
generally.
C. CONDITIONS PRECEDENT. In pleading the performance or
occurrence of conditions precedent, if the pleading otherwise
satisfies the requirements of paragra ph 1 of subsection A of Section
2008 of this title, it is sufficient to aver generally that all
conditions precedent have been performed or have occurred. A denial
of performance or occurrence shall be made specifically and with
particularity.
D. OFFICIAL DOCUMENT OR ACT. In pleading an offici al document
or official act it is sufficient to ave r that the document was
issued or the act done in compliance with law.
E. JUDGMENT. In pleading a judgment or decision of a domestic
or foreign court, judicial or quasi-judicial tribunal, or of a board
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or officer, it is sufficient to aver the judgment or decision
without setting forth matter showing jurisdiction to render it.
F. TIME AND PLACE. For the purpose of testing the sufficiency
of a pleading, averments o f time and place are material and shall b e
considered like all other averments of material m atter.
G. SPECIAL DAMAGE. When items of special damage are claimed,
their nature shall be specifically stated. In actions where
exemplary or punitive damages are sought, the petition shall not
state a dollar amount for damages sought to be recovered but shall
state whether the amount of damages sought to be recovered is in
excess of or not in excess of the amount required for diversity
jurisdiction pursuant to Sec tion 1332 of Title 28 of the United
States Code.
H. MOTION TO CLARIFY DAMAGES. If the amou nt of damages sought
to be recovered by the plaintiff is less than the amount required
for diversity jurisdiction pursuant to Section 1332 of Title 28 of
the United States Code, the defendant may file, for purposes of
establishing diversity jurisdiction on ly, a Motion to Clarify
Damages prior to the pretrial order to require the plaintiff to show
by a preponderance of the evidence that the amount of damages, if
awarded, will not exceed the amount required f or diversity. If the
court finds that any damages awarded are more likely than not to
exceed the amount of damages required for diversity jurisdiction,
the plaintiff shall amend his or her pleadings in conformance with
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paragraph 2 of subsection A of Secti on 2008 of this title.
SECTION 3. This act shall become effective November 1, 2021.
58-1-245 TEK 1/8/2021 4:29:08 PM