Oklahoma 2025 Regular Session

Oklahoma House Bill HB2138 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB2138 SFLR Page 1
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	3	+	ENGR. H. B. NO. 2138 Page 1 1
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 2138 By: Kannady of the House
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36	31		and
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38	33		Rosino of the Senate
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43	38		An Act relating to civil procedure; amending 12 O.S.
44	39		2021, Section 2012, which relates to defenses and
45	40		objections; providing procedures for default judgment
46	41		under certain circumstances; clarifying effect of
47	42		certain contact or communication; clarifying effect
48	43		on evidentiary hearing for damages; amending 12 O.S.
49	44		2021, Section 727.1, which relates to postjudgment
50	45		interest; providing for certain postjudgment interest
51	46		during pendency of an appeal; and providing an
52	47		effective date.
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57	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	53		SECTION 1. AMENDATORY 12 O.S. 2021, Section 2012, is
59	54		amended to read as follows:
60	55		Section 2012.
61	56		DEFENSES AND OBJECTIONS; WHEN AND HOW PRESENTED;
62	57		BY PLEADING OR MOTION
63	58		A. WHEN PRESENTED. 1. Unless a different time is prescribed
64	59		by law, a defendant shall serve an answer:
65	60		a. within twenty (20) days after the service of the
66	61		summons and petition upon the defendant,
	62	+	b. within twenty (20) days after the service of the
	63	+	summons and petition upon the defendant, or within the
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68		-	SENATE FLOOR VERSION - HB2138 SFLR Page 2
69		-	(Bold face denotes Committee Amendments) 1
	65	+	ENGR. H. B. NO. 2138 Page 2 1
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94		-	b. within twenty (20) days after the service of the
95		-	summons and petition upon the defendant, or within the
96	90		last day for answering if applicable; provided, a
97	91		defendant may file a reservation of time which shall
98	92		extend the time to respond twenty (20) days from the
99	93		last date for answering. The filing of such a
100	94		reservation of time waives defenses of paragraphs 2,
101	95		3, 4, 5, 6, and 9 of subsection B of this section.
102	96		2. A party served with a pleading stating a cross -claim against
103	97		that party shall serve an answer the reto within twenty (20) days
104	98		after the service upon the par ty.
105	99		3. The plaintiff shall serve a reply to a counterclaim in the
106	100		answer within twenty (20) days after service of the answer or, if a
107	101		reply is ordered by the court, within twenty (20) days after s ervice
108	102		of the order, unless the order otherwise directs.
109	103		4. The party requesting a summons to be issued or filing a
110	104		counter-claim counterclaim or cross-claim may elect to have the
111	105		answer served within thirty -five (35) days in lieu of the twenty
112	106		(20) days set forth in this section.
113	107		5. The service of a motion perm itted under this section or a
114	108		motion for summary judgment alters these periods of time as follows:
115	109		if the court denies the motion or postpones its disposition until
116	110		the trial on the merits, the res ponsive pleading shall be served
	111	+	within twenty (20) days after notice of the court's action, unless a
	112	+	different time is fixed by order of the court.
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118		-	SENATE FLOOR VERSION - HB2138 SFLR Page 3
119		-	(Bold face denotes Committee Amendments) 1
	114	+	ENGR. H. B. NO. 2138 Page 3 1
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144		-	within twenty (20) days after notice of the court's action, unless a
145		-	different time is fixed by order of the court.
146	139		B. HOW PRESENTED. Every defense, in law or fact, to a claim
147	140		for relief in any pleading, whether a claim, counterclaim, cross-
148	141		claim, or third-party claim, shall be a sserted in the responsive
149	142		pleading thereto if one is required, except that the following
150	143		defenses may at the option of the pleader be made by motion:
151	144		1. Lack of jurisdiction over the subject matte r;
152	145		2. Lack of jurisdiction over the person;
153	146		3. Improper venue;
154	147		4. Insufficiency of process;
155	148		5. Insufficiency of service of process;
156	149		6. Failure to state a claim upon which relief can be granted;
157	150		7. Failure to join a party under Section 2019 of this ti tle;
158	151		8. Another action pending between the same parties fo r the same
159	152		claim;
160	153		9. Lack of capacity of a party to be sued; and
161	154		10. Lack of capacity of a party to sue.
162	155		A motion making any of these defenses shall be made before pleading
163	156		if a further pleading is permitted. No defense or objection is
164	157		waived by being joined with one or more other defenses or objections
165	158		in a responsive pleading or motion. If a pleading sets forth a
166	159		claim for relief to which the adverse party is not required to serve
167	160		a responsive pleading, the adverse party may assert at the trial any
	161	+	defense in law or fact to that claim for relief. If, on a motion
	162	+	asserting the defense numbered 6 of this subsection to dismiss for
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169		-	SENATE FLOOR VERSION - HB2138 SFLR Page 4
170		-	(Bold face denotes Committee Amendments) 1
	164	+	ENGR. H. B. NO. 2138 Page 4 1
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195		-	defense in law or fact to that claim for relief. If, on a motion
196		-	asserting the defense numbered 6 of this subsection to dismiss for
197	189		failure of the pleading to state a claim upon which relief can be
198	190		granted, matters outside the pleading are presented to and not
199	191		excluded by the court, the motion shall be treated as one for
200	192		summary judgment and all parties shall be given reasonable
201	193		opportunity to present all material made pertinent to the motion by
202	194		the rules for summary judgment. A motion to dismiss for failur e to
203	195		state a claim upon which relief can be granted shall separately
204	196		state each omission or defect in the petition, and a motion that
205	197		does not specify such defects or omissions shall be denied with out a
206	198		hearing and the defendant shall answer within twenty (20) days after
207	199		notice of the court's action.
208	200		C. PRELIMINARY HEARINGS. The defenses specifically enumerated
209	201		in paragraphs 1 through 10 of subsection B of this section, whether
210	202		made in a pleading or by motion, and the motion to strike mentioned
211	203		in subsection D of this section shall be heard and determined before
212	204		trial on application of any party, unless the court orders that the
213	205		hearing and determination thereof be deferred until the trial. If
214	206		the court determines that venue is proper, the action shall not be
215	207		dismissed for improper venue as a result of the jury's verdict or
216	208		the subsequent ruling of the court on a demurrer to the evidence or
217	209		a motion for a directed verdict.
	210	+	D. MOTION TO STRIKE. Up on motion made by a party before
	211	+	responding to a pleading o r, if no responsive pleading is permitted
	212	+	by this act, upon motion made by a party within twenty (20) days
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219		-	SENATE FLOOR VERSION - HB2138 SFLR Page 5
220		-	(Bold face denotes Committee Amendments) 1
	214	+	ENGR. H. B. NO. 2138 Page 5 1
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245		-	D. MOTION TO STRIKE. Upon motion made by a party before
246		-	responding to a pleading o r, if no responsive pleading is permitted
247		-	by this act, upon motion made by a party within twenty (20) days
248	239		after the service of the pleading upon the party or upon the court's
249	240		own initiative at any time, the court may order stricken from any
250	241		pleading any insufficient defense. If, on a motion to strike an
251	242		insufficient defense, matters outside the pleadings are presented to
252	243		and not excluded by the court, the motion shall be treated as one
253	244		for partial summary judgment and all parties shall be given
254	245		reasonable opportunity to present all materials made pertinent to
255	246		the motion by the rules for summary judgment.
256	247		E. CONSOLIDATION OF DEFENSES IN MOTION. A party who makes a
257	248		motion under this section may jo in with it any other motions herein
258	249		provided for and then available to the party. If a party makes a
259	250		motion under this section but omits therefrom any defense or
260	251		objection then available to the party which this section permits to
261	252		be raised by motion, the party shall not thereafter make a motion
262	253		based on the defense or objection so omitted, except a motion as
263	254		provided in paragraph 2 of subsection F of this section on the
264	255		grounds there stated. The court in its discretion may permit a
265	256		party to amend a motion by stating additional defenses or objections
266	257		if an amendment is sought at least five (5) days before the hearing
267	258		on the motion.
268	259		F. WAIVER OR PRESERVATION OF CERTAIN DEFENSES.
	260	+	1. A defense of lack of jurisdiction over the person, improper
	261	+	venue, insufficiency of process, insufficiency of service of
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270		-	SENATE FLOOR VERSION - HB2138 SFLR Page 6
271		-	(Bold face denotes Committee Amendments) 1
	263	+	ENGR. H. B. NO. 2138 Page 6 1
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296		-	1. A defense of lack of jurisdiction over the person, improper
297		-	venue, insufficiency of process, insufficiency of service of
298	288		process, failure to state a claim upon which relief can be granted,
299	289		or lack of capacity of a party to be sued is waived:
300	290		a. if omitted from a motion that raises any of the
301	291		defenses or objections which this sect ion permits to
302	292		be raised by motion, or
303	293		b. if it is not made by motion and it is not included in
304	294		a responsive pleading or an amendment thereof
305	295		permitted by subsection A of Section 2015 of this
306	296		title to be made as a matter of course. A motion to
307	297		strike an insufficient defense is waived if not raised
308	298		as in subsection D of this section.
309	299		2. A defense of failure to join a party indispensable under
310	300		Section 2019 of this title may be made in any pleading permitted or
311	301		ordered under subsection A of Section 2007 of t his title or at the
312	302		trial on the merits. A defense of another action pending between
313	303		the same parties for the same claim or a defense of lack of capacity
314	304		of a party to sue may be made in any pleading permitted or ordered
315	305		pursuant to the provisions of subs ection A of Section 2007 of this
316	306		title or at the pretrial c onference.
317	307		3. Whenever it appears by suggestion of the parties or
318	308		otherwise that the court lacks jurisdiction of the subject matter,
319	309		the court shall dismiss the action.
	310	+	4. A waiver of the defense in paragraph 6 of subsection B of
	311	+	this section does not preclude a later contention that a party is
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321		-	SENATE FLOOR VERSION - HB2138 SFLR Page 7
322		-	(Bold face denotes Committee Amendments) 1
	313	+	ENGR. H. B. NO. 2138 Page 7 1
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347		-	4. A waiver of the defense in paragraph 6 of subsection B of
348		-	this section does not preclude a later contention that a party is
349	338		not entitled to any relief as a matter of law, either by motion for
350	339		summary judgment, or by demurrer or motion at or after trial.
351	340		G. FINAL DISMISSAL ON FA ILURE TO AMEND. On granting a motion
352	341		to dismiss a claim fo r relief, the court shall grant leave to amend
353	342		if the defect can be remedied and shall specify the time within
354	343		which an amended pleading shall be filed. If the amended pleading
355	344		is not filed within the time allowed, final judgment of dismissal
356	345		with prejudice shall be entered on motion except in cases of
357	346		excusable neglect. In such cases amendment shall be made by the
358	347		party in default within a time specified by the court for filing an
359	348		amended pleading. Within the time allowed by the court for filing
360	349		an amended pleading, a plaintiff may voluntarily dismiss the action
361	350		without prejudice.
362	351		H. MOTION FOR DEFAULT JUDGMENT NOT REQUIRED IF DEFENDANT FAILS
363	352		TO FILE RESPONSE. Nothing in any provision of this t itle or in any
364	353		local or district court rule shall be construed to require either a
365	354		motion or a hearing for default judgment, and no notice shall be
366	355		necessary, if, after service of summons and petition, a defendant
367	356		fails to timely file with the court clerk within twenty (20) days a
368	357		written appearance, answer, motion, pleading, or response as
369	358		provided in subsection A of this section. Contact or communication
370	359		with the plaintiff or attorney of the plaintiff shall not constitute
	360	+	an appearance, answer, motion, p leading, or response unless the
	361	+	contact or communication is in writing and is also timely filed by
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372		-	SENATE FLOOR VERSION - HB2138 SFLR Page 8
373		-	(Bold face denotes Committee Amendments) 1
	363	+	ENGR. H. B. NO. 2138 Page 8 1
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398		-	an appearance, answer, motion, pleading, or response unless the
399		-	contact or communication is in writing and is also timely filed by
400	388		the defendant in writing with the court clerk as provided in
401	389		subsection A of this section. The provisions of this subsection
402	390		shall not be construed to preve nt an evidentiary hearing concerning
403	391		the amount of damage t o be awarded.
404	392		SECTION 2. AMENDATORY 12 O.S. 2021, Section 727.1, is
405	393		amended to read as follows:
406	394		Section 727.1.
407	395		POSTJUDGMENT INTEREST
408	396		A. 1. Except as otherwise provided b y this section, all
409	397		judgments of courts of record, including costs and attorney fees
410	398		authorized by statute or otherwise and allowed by the court, shall
411	399		bear interest at a rate prescribed pursuant to this section. Such
412	400		interest shall also apply to the amou nts collected on any judgment
413	401		enforced during the pendency of an appeal which is subsequently
414	402		overturned on appeal when restitution is paid to the defendant.
415	403		2. Costs and attorney fees allowed by the court shall bear
416	404		interest from the earlier of the date the judgment or order is
417	405		pronounced, if expressly stated in the written judgment or order
418	406		awarding the costs and attorney fees, or the date the judgment or
419	407		order is filed with the court clerk.
420	408		B. Judgments, including costs and attorney fees authorized by
421	409		statute or otherwise and allowed by the court, against this state or
	410	+	its political subdivisions, including counties, municipalities,
	411	+	school districts, and public trusts of which this state or a
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423		-	SENATE FLOOR VERSION - HB2138 SFLR Page 9
424		-	(Bold face denotes Committee Amendments) 1
	413	+	ENGR. H. B. NO. 2138 Page 9 1
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449		-	its political subdivisions, including counties, municipalities,
450		-	school districts, and public trusts of which this state or a
451	438		political subdivision of this state is a beneficiary, shall be ar
452	439		interest during the term of judgment at a rate prescribed pursuant
453	440		to this section from the date of rendition. No judgment against
454	441		this state or its political subdivisions, including counties,
455	442		municipalities, school districts, and public trusts of whic h this
456	443		state or a political subdivision of this state is a beneficiary,
457	444		inclusive of postjudgment interest, shall exceed the total amount of
458	445		liability of the governmental entity pursuant to The Governmental
459	446		Tort Claims Act.
460	447		C. The postjudgment interest au thorized by subsection A or
461	448		subsection B of this section shall accrue from the earlier of the
462	449		date the judgment is rendered as expressly stated in the judgment,
463	450		or the date the judgment is filed with the court clerk, and shall
464	451		initially accrue at the rate in effect for the calendar year during
465	452		which the judgment i s rendered until the end of the calendar year in
466	453		which the judgment was rendered, or until the judgment is paid,
467	454		whichever first occurs. Beginning on January 1 of the next
468	455		succeeding calendar year until the end of that calendar year, or
469	456		until the judgment is paid, whichever first occurs, the judgment,
470	457		together with postjudgment interest previously accrued, shall bear
471	458		interest at the rate in effect for judgments rendered during that
472	459		calendar year as certified by the Administrative Director of the
	460	+	Courts pursuant to subsection I of this section. For each
	461	+	succeeding calendar year, or part of a calendar year, during which a
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474		-	SENATE FLOOR VERSION - HB2138 SFLR Page 10
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	463	+	ENGR. H. B. NO. 2138 Page 10 1
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500		-	Courts pursuant to subsection I of this section. For each
501		-	succeeding calendar year, or part of a calendar year, during which a
502	488		judgment remains unpaid, the judgment, together with postjudgment
503	489		interest previously accrued, shall bear interest at the rate in
504	490		effect for judgments rendered during that calendar year as certified
505	491		by the Administrative Director of the Courts pursuant to subsection
506	492		I of this section. A separate computation using the interest rate
507	493		in effect for judgments as provided by subsection I of this section
508	494		shall be made for each calendar year, or part of a calendar year,
509	495		during which the judgment remains unpaid in order to determine the
510	496		total amount of interest for which the judgment debtor i s liable.
511	497		The postjudgment interest rate for each calendar year or part of a
512	498		calendar year a judgment remains unpaid shall be multiplied by the
513	499		original amount of the judgment, including any prejudgment interest,
514	500		together with postjudgment interest previo usly accrued. Interest
515	501		shall accrue on a judgment in the m anner prescribed by this
516	502		subsection until the judgment is satisfied or released.
517	503		D. If a rate of interest is specified in a contract, the rate
518	504		specified shall apply and be stated in the journal en try of
519	505		judgment. The rate of interest shall not exceed the lawful rate for
520	506		that obligation. Postjudgment interest shall be calculated at the
521	507		contractual rate and accrued in the same manner as prescribed in
522	508		subsection C of this section.
523	509		PREJUDGMENT INTEREST
	510	+	E. Except as provided by subsection F of this section,
	511	+	beginning November 1, 2009, if a verdict for damages by reason of
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525		-	SENATE FLOOR VERSION - HB2138 SFLR Page 11
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	513	+	ENGR. H. B. NO. 2138 Page 11 1
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551		-	E. Except as provided by subsection F of this section,
552		-	beginning November 1, 2009, if a verdict for damages by reason of
553	538		personal injuries or injury to personal rights including, but not
554	539		limited to, injury resulting from bodily restraint, personal insu lt,
555	540		defamation, invasion of privacy, injury to personal relations, or
556	541		detriment due to an act or omission of another is accepted by the
557	542		trial court, the court in rendering judgment shall add interest on
558	543		the verdict at a rate prescribed pursuant to subsecti on I of this
559	544		section from the date which is twenty -four (24) months after the
560	545		suit resulting in the judgment was commenced to the earlier of the
561	546		date the verdict is accepted by the trial court as expressly stated
562	547		in the judgment, or the date the judgment i s filed with the court
563	548		clerk. No prejudgment interest shall begin to accrue until twenty -
564	549		four (24) months after the suit resulting in the judgment was
565	550		commenced. The interest rate for computation of prejudgment
566	551		interest shall begin with the rate prescrib ed by subsection I of
567	552		this section which is in effect for t he calendar year which is
568	553		twenty-four (24) months after the suit resulting in the judgment was
569	554		commenced. This rate shall be in effect until the end of the
570	555		calendar year in which interest begins t o accrue or until the date
571	556		judgment is filed, whichever first occurs. Beginning on January 1
572	557		of the next succeeding calendar year until the end of that calendar
573	558		year, or until the date the judgment is filed, whichever first
574	559		occurs, and for each succeeding calendar year thereafter, the
	560	+	prejudgment interest rate sh all be the rate in effect for judgments
	561	+	rendered during each calendar year as certified by the
575	562
576		-	SENATE FLOOR VERSION - HB2138 SFLR Page 12
577		-	(Bold face denotes Committee Amendments) 1
	563	+	ENGR. H. B. NO. 2138 Page 12 1
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602		-	prejudgment interest rate sh all be the rate in effect for judgments
603		-	rendered during each calendar year as certified by the
604	588		Administrative Director of the Courts pursuant to subsection I of
605	589		this section. After the computation of all prejudgment interest has
606	590		been completed, the total amount of prejudgment interest shall be
607	591		added to the amount of the judgment rendered pursuant to the trial
608	592		of the action, and the total amount of the resulting judgment shall
609	593		become the amount upon which postjudgment interest is computed
610	594		pursuant to subsection A of this section.
611	595		F. If a verdict of the type described by subsection E of this
612	596		section is rendered against this state or its political
613	597		subdivisions, including counties, municipalities, scho ol districts,
614	598		and public trusts of which this state or a political subdivision of
615	599		this state is a beneficiary, the judgment shall bear interest at the
616	600		rate prescribed pursuant to subsection I of this section from the
617	601		date the suit was commenced to the earl ier of the date the verdict
618	602		is accepted by the trial court as expressly stated in the judgment
619	603		or the date the judgment is filed with the court clerk. The
620	604		interest rate for computation of prejudgment interest shall begin
621	605		with the rate prescribed by subsec tion I of this section which is in
622	606		effect for the calendar year in which the suit resulting in the
623	607		judgment is commenced. This rate shall be in effect until the end
624	608		of the calendar year in which the suit resulting in judgment was
625	609		filed or until the date t he judgment is rendered as expressly stated
	610	+	in the judgment, whichever first occurs. Beginning on January 1 of
	611	+	the next succeeding calendar year until the end of that calendar
626	612
627		-	SENATE FLOOR VERSION - HB2138 SFLR Page 13
628		-	(Bold face denotes Committee Amendments) 1
	613	+	ENGR. H. B. NO. 2138 Page 13 1
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653		-	in the judgment, whichever first occurs. Beginning on January 1 of
654		-	the next succeeding calendar year until the end of that calendar
655	638		year, or until the date judgment is rendered, whichever first
656	639		occurs, and for each succeeding calendar year thereafter, the
657	640		prejudgment interest rate shall be the rate in effect for judgments
658	641		rendered during each calendar year as certified by the
659	642		Administrative Director of the Courts pursuant to subsection I of
660	643		this section. After t he computation of prejudgment interest has
661	644		been completed, the amount shall be added to the amount of the
662	645		judgment rendered pursuant to the trial of the action, and the total
663	646		amount of the resulting judgment shall become the amount upon which
664	647		postjudgment interest is computed pursuant to subsection B of this
665	648		section. No award of prejudgment interest against this state or its
666	649		political subdivisions, including counties, municipalities, school
667	650		districts, and public trusts of which this state or a political
668	651		subdivision of this state is a beneficiary, including the amo unt of
669	652		the judgment awarded pursuant to trial of the action, shall exceed
670	653		the total amount of liability of the governmental entity pursuant to
671	654		The Governmental Tort Claims Act.
672	655		G. If exemplary or punitive damages are awarded in an action
673	656		for personal injury or injury to personal rights including, but not
674	657		limited to, injury resulting from bodily restraint, personal insult,
675	658		defamation, invasion of privacy, injury to personal relations, or
676	659		detriment due to an act or omission of another, the interest on that
	660	+	award shall begin to accrue from the earlier of the date the
677	661
678		-	SENATE FLOOR VERSION - HB2138 SFLR Page 14
679		-	(Bold face denotes Committee Amendments) 1
	662	+	ENGR. H. B. NO. 2138 Page 14 1
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703	686
704		-	award shall begin to accrue from the earlier of the date the
705	687		judgment is rendered as expressly stated in the judgment, or the
706	688		date the judgment is filed with the court clerk.
707	689		H. If a judgment is re ndered establishing the existence of a
708	690		lien against property and no rate of interest exists, the court
709	691		shall allow prejudgment interest at a rate prescribed pursuant to
710	692		subsection I of this section from the date the lien is filed to the
711	693		date of verdict.
712	694		I. For purposes of computing postjudgment interest as
713	695		authorized by this section, interest shall be the prime rate, as
714	696		listed in the first edition of the Wall Street Journal published for
715	697		each calendar year and as certified to the Administrative Director
716	698		of the Courts by the State Treasurer on the first regular business
717	699		day following publication in January of each year, plus two percent
718	700		(2%). For purposes of computing prejudgment interest as authorized
719	701		by this section, interest shall be determined using a r ate equal to
720	702		the average United States Treasury Bill rate o f the preceding
721	703		calendar year as certified to the Administrative Director of the
722	704		Courts by the State Treasurer on the first regular business day in
723	705		January of each year.
724	706		J. For purposes of computi ng postjudgment interest, the
725	707		provisions of this section shall be applicable to all judgments of
726	708		the district courts rendered on or after January 1, 2005. Effective
727	709		January 1, 2005, the method for computing postjudgment interest
728	710
729		-	SENATE FLOOR VERSION - HB2138 SFLR Page 15
730		-	(Bold face denotes Committee Amendments) 1
	711	+	ENGR. H. B. NO. 2138 Page 15 1
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754	735
755	736		prescribed by this section shall be applicable to all judgments
756	737		remaining unpaid rend ered prior to January 1, 2005.
757	738		K. For purposes of computing prejudgment interest, the
758	739		provisions of this section shall be applicable to all actions which
759	740		are filed in the district courts on or aft er January 1, 2010, for
760	741		which an award of prejudgment interest is authorized by the
761	742		provisions of this section.
762	743		SECTION 3. This act shall become effective November 1, 2025.
763		-	COMMITTEE REPORT BY: COMMITTE E ON JUDICIARY
764		-	April 15, 2025 - DO PASS
	744	+	Passed the House of Representatives the 11th day of March, 2025.
	745	+
	746	+
	747	+
	748	+
	749	+	Presiding Officer of the House
	750	+	of Representatives
	751	+
	752	+	Passed the Senate the ____ day of __________, 2025.
	753	+
	754	+
	755	+
	756	+
	757	+	Presiding Officer of the Senate
	758	+
	759	+