Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB453 Compare Versions

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Version 2 (New)

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3		-	ENGR. S. B. NO. 453 Page 1 1
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28		-	~~ENGROSSED~~ SENATE
29		-	~~BILL NO.~~ ~~453 By: Howard of the Senate~~
	29	+	SENATE FLOOR VERSION
	30	+	February 11, 2025
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31		-	and
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33		-	Harris of the House
	33	+	SENATE BILL NO. 453 By: Howard
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38	39		An Act relating to civil procedure; amending 12 O.S.
39	40		2021, Sections 940 and 1101, which relate to offers
40	41		of judgment; conforming language; modifying
41	42		procedures for offers of judgm ent; establishing
42	43		deadline for filing certain offer; requiring filing
43	44		of accepted offer with court clerk; providing for
44	45		inadmissibility of unaccepted offer; requiring
45	46		payment of certain costs after unaccepted offer under
46	47		certain circumstances; specifying a cceptable
47	48		litigation costs; establishing requirements for
48	49		comparison of judgment and offer; requiring offer of
49	50		judgment letter to include certain information;
50	51		stating applicability of provisions; updating
51	52		statutory language; repealing 12 O.S. 2021, Section s
52	53		1101.1 and 1106, which relate to offers of judgment
53	54		and offer in court by defendant to confess judgment
54	55		for part of amount claimed; and providing an
55	56		effective date.
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60	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
61	62		SECTION 1. AMENDATORY 12 O.S. 2021, Section 940, is
62	63		amended to read as follows:
63	64		Section 940. A. In any civil action to recover damages for the
64	65		negligent or willful injury to property and any other incidental
65	66		costs related to such action, the prevailing party shall be allowed
66	67		reasonable attorney’s attorney fees, court costs and interest to be
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93	95		set by the court and to be taxed and collected as other costs of the
94	96		action.
95	97		B. Provided that, the defendant in such action may, not less
96	98		than ten (10) days after being s erved with summons, serve upon the
97	99		plaintiff or his attorney a written offer to allow judgment to be
98	100		taken against him. If the plaintiff accepts the offer and gives
99	101		notice thereof to the defendant or his attorney, within five (5)
100	102		days after the offer was served, the offer, and an affidavit that
101	103		the notice of acceptance was delivered within the time limited, may
102	104		be filed by the plaintiff, or the defendant, verified by affidavit.
103	105		The offer and acceptance shall be noted in the journal, and judgment
104	106		shall be rendered accordingly. If the notice of acceptance is not
105	107		given in the period limited, the offer shall be deemed withdrawn,
106	108		and shall not be given in evidence or mentioned at the trial. If
107	109		upon the action being adjudicated the judgment rendered is for the
108	110		defendant or for the plaintiff and is for a lesser amount than the
109	111		defendant’s offer, then the plaintiff shall not be entitled to
110	112		recover attorney’s fees, court costs and interest. If the judgment
111	113		rendered is for the plaintiff, and is for the same amount as the
112	114		defendant’s offer, then the plaintiff and defendant shall incur
113	115		their own attorney’s fees, court costs and interest. And if the
114	116		judgment rendered is for the plaintiff, and is for a larger amount
115	117		than the defendant’s offer, then the plaintiff shall be entitled to
116	118		recover attorney’s fees, court costs and interest.
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143	146		SECTION 2. AMENDATORY 12 O.S. 2021, Section 1101, is
144	147		amended to read as f ollows:
145	148		Section 1101. The defendant, in an action for the recovery of
146	149		money only, may, at any time before the trial, serve upon the
147	150		plaintiff or his attorney an offer, in writing, to allow judgment to
148	151		be taken against him for the sum specified therein. If the
149	152		plaintiff accept the offer and give notice thereof to the defendant
150	153		or his attorney, within five days after the offer was served, the
151	154		offer, and an affidavit that the notice of acceptance was delivered
152	155		within the time limited, may be filed by the pla intiff, or the
153	156		defendant may file the acceptance, with a copy of the offer,
154	157		verified by affidavit; and in either case, the offer and acceptance
155	158		shall be noted in the journal, and judgment shall be rendered
156	159		accordingly. If the notice of acceptance be not given in the period
157	160		limited, the offer shall be deemed withdrawn, and shall not be given
158	161		in evidence or mentioned on the trial. If the plaintiff fails to
159	162		obtain judgment for more than was offered by the defendant, he shall
160	163		pay the defendant’s costs from the time of the offer
161	164		A. MAKING AN OFFER; JUDGMENT ON AN ACCEPTED OFFER.
162	165		At least seven (7) days before a date set for trial, a party
163	166		defending against a claim may serve on an opposing party an offer to
164	167		allow judgment on specified terms. If the opposing party accepts
165	168		the offer, acceptance shall be made within five (5) days after
166	169		service of the offer and either party may then file the offer and
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193	197		notice of acceptance plus proof of service. The court clerk shall
194	198		then enter judgment.
195	199		B. UNACCEPTED OFFER.
196	200		An unaccepted offer is considered withdrawn but shall not
197	201		preclude a later offer. Evidence of an unaccepted offer is not
198	202		admissible except in a proceeding to determine costs.
199	203		C. OFFER AFTER LIABILITY IS DETERMINED.
200	204		When the liability of one party to another has been established
201	205		but the extent of liability remains to be determined, the party held
202	206		liable may make an offer of judgment. Any such offer shall be
203	207		served no fewer than seven (7) days prior to the date set for a
204	208		hearing to determine the extent of liabi lity.
205	209		D. PAYING COSTS AFTER AN UNACCEPTED OFFER.
206	210		1. If the judgment the offeree obtains is less than or equal to
207	211		the unaccepted offer or the judgment is for the offering party, the
208	212		offeree shall pay the litigation costs of the offeror incurred after
209	213		the offer was made. Litigation costs shall include recovery of all
210	214		allowable costs associated with the litigation process after the
211	215		offer was rejected including , but not limited to:
212	216		a. reasonable attorney fees, if otherwise permitted by
213	217		law,
214	218		b. court costs,
215	219		c. expert witness fees, and
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242	247		d. interest to be set in accordance with Section 727.1 of
243	248		this title and assessed and collected as other costs
244	249		of the action.
245	250		2. If the judgment the offeree obtains exceeds the offer of
246	251		judgment, the offeree shall be entitled to recover reasonable
247	252		attorney fees, court costs, and interest to the extent otherwise
248	253		permitted by law for the offeree ’s claim.
249	254		3. For purposes of comparing the amount of a judgment with the
250	255		amount of an offer, any recoverable litigation costs shall not be
251	256		included in the amount of the compared judgment.
252	257		E. OFFER OF JUDGMENT LETTER.
253	258		An offer of judgment letter shall include the following:
254	259		1. The judgment offer amount;
255	260		2. If the offer of judgment is for part of the amount claimed
256	261		or part of the causes involved in the action, then specifically to
257	262		which cause or causes the offer of judgment appl ies;
258	263		3. If the offer includes attorney fees;
259	264		4. If the action involves multiple opposing parties, then to
260	265		which party the offer of judgment applies;
261	266		5. If the action involves multiple opposing parties and the
262	267		offer of judgement is for all parties, then specifically how much
263	268		each opposing party is to receive of the offer amount; and
264	269		6. The expiration date of the offer as determined pursuant to
265	270		subsection A of this section.
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292	298		F. EFFECTIVENESS.
293	299		The provisions of this section shall be applicable to an action
294	300		filed on or after the effective date of this act .
295	301		SECTION 3. REPEALER 12 O.S. 2021, Sections 1101.1 and
296	302		1106, are hereby repealed.
297	303		SECTION 4. This act shall become effective November 1, 2025.
298		-	Passed the Senate the 11th day of March, 2025.
299		-
300		-
301		-
302		-	Presiding Officer of the Senate
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305		-	Passed the House of Representatives the ____ day of __________,
306		-	2025.
307		-
308		-
309		-
310		-	Presiding Officer of the House
311		-	of Representatives
312		-
	304	+	COMMITTEE REPORT BY: C OMMITTEE ON JUDICIARY
	305	+	February 11, 2025 - DO PASS