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ENGROSSED HOUSE
BILL NO. 3697 By: Gise of the House
and
Howard of the Senate
An Act relating to civil procedure; amending 12 O.S.
2021, Section 2012, which relates to defenses and
objections, when and how presented, and by pleading
or motion; modifying time within which a defendant
must serve an answer; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 2012, is
amended to read as follows:
Section 2012.
DEFENSES AND OBJECTIONS; WHEN AND HOW PRESENTED;
BY PLEADING OR MOTION
A. WHEN PRESENTED. 1. Unless a different time is prescribed
by law, a defendant shall serve an answer:
a. within twenty (20) thirty (30) days after the service
of the summons and petition upon the defendant,
b. within twenty (20) thirty (30) days after the service
of the summons and petition upon the defendant, or
within the last day for answering if applicable;
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provided, a defendant may file a reservation of time
which shall extend the time to respond twenty (20)
thirty (30) days from the last date for answering.
The filing of such a reservation of time waives
defenses of paragraphs 2, 3, 4, 5, 6, and 9 of
subsection B of this section.
2. A party served with a pleading stating a cross-claim against
that party shall serve an answer thereto within twenty (20) days
after the service upon the party.
3. The plaintiff shall serve a reply to a counterclaim in the
answer within twenty (20) days after service of the answer or, if a
reply is ordered by the court, within twenty (20) days after service
of the order, unless the order otherwise directs.
4. The party requesting a summons to be issued or filing a
counter-claim or cross-claim may elect to have the answer served
within thirty-five (35) days in lieu of the twenty (20) days set
forth in this section.
5. The service of a motion permitted under this section or a
motion for summary judgment alters these periods of time as follows:
if the court denies the motion or postpones its disposition until
the trial on the merits, the responsive pleading shall be served
within twenty (20) days after notice of the court's action, unless a
different time is fixed by order of the court.
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B. HOW PRESENTED. Every defense, in law or fact, to a claim
for relief in any pleading, whether a claim, counterclaim, cross-
claim, or third-party claim, shall be asserted in the responsive
pleading thereto if one is required, except that the following
defenses may at the option of the pleader be made by motion:
1. Lack of jurisdiction over the subject matter;
2. Lack of jurisdiction over the person;
3. Improper venue;
4. Insufficiency of process;
5. Insufficiency of service of process;
6. Failure to state a claim upon which relief can be granted;
7. Failure to join a party under Section 2019 of this title;
8. Another action pending between the same parties for the same
claim;
9. Lack of capacity of a party to be sued; and
10. Lack of capacity of a party to sue.
A motion making any of these defenses shall be made before pleading
if a further pleading is permitted. No defense or objection is
waived by being joined with one or more other defenses or objections
in a responsive pleading or motion. If a pleading sets forth a
claim for relief to which the adverse party is not required to serve
a responsive pleading, the adverse party may assert at the trial any
defense in law or fact to that claim for relief. If, on a motion
asserting the defense numbered 6 of this subsection to dismiss for
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failure of the pleading to state a claim upon which relief can be
granted, matters outside the pleading are presented to and not
excluded by the court, the motion shall be treated as one for
summary judgment and all parties shall be given reasonable
opportunity to present all material made pertinent to the motion by
the rules for summary judgment. A motion to dismiss for failure to
state a claim upon which relief can be granted shall separately
state each omission or defect in the petition, and a motion that
does not specify such defects or omissions shall be denied without a
hearing and the defendant shall answer within twenty (20) days after
notice of the court's action.
C. PRELIMINARY HEARINGS. The defenses specifically enumerated
in paragraphs 1 through 10 of subsection B of this section, whether
made in a pleading or by motion, and the motion to strike mentioned
in subsection D of this section shall be heard and determined before
trial on application of any party, unless the court orders that the
hearing and determination thereof be deferred until the trial. If
the court determines that venue is proper, the action shall not be
dismissed for improper venue as a result of the jury's verdict or
the subsequent ruling of the court on a demurrer to the evidence or
a motion for a directed verdict.
D. MOTION TO STRIKE. Upon motion made by a party before
responding to a pleading or, if no responsive pleading is permitted
by this act, upon motion made by a party within twenty (20) days
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after the service of the pleading upon the party or upon the court's
own initiative at any time, the court may order stricken from any
pleading any insufficient defense. If, on a motion to strike an
insufficient defense, matters outside the pleadings are presented to
and not excluded by the court, the motion shall be treated as one
for partial summary judgment and all parties shall be given
reasonable opportunity to present all materials made pertinent to
the motion by the rules for summary judgment.
E. CONSOLIDATION OF DEFENSES IN MOTION. A party who makes a
motion under this section may join with it any other motions herein
provided for and then available to the party. If a party makes a
motion under this section but omits therefrom any defense or
objection then available to the party which this section permits to
be raised by motion, the party shall not thereafter make a motion
based on the defense or objection so omitted, except a motion as
provided in paragraph 2 of subsection F of this section on the
grounds there stated. The court in its discretion may permit a
party to amend a motion by stating additional defenses or objections
if an amendment is sought at least five (5) days before the hearing
on the motion.
F. WAIVER OR PRESERVATION OF CERTAIN DEFENSES.
1. A defense of lack of jurisdiction over the person, improper
venue, insufficiency of process, insufficiency of service of
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process, failure to state a claim upon which relief can be granted,
or lack of capacity of a party to be sued is waived:
a. if omitted from a motion that raises any of the
defenses or objections which this section permits to
be raised by motion, or
b. if it is not made by motion and it is not included in
a responsive pleading or an amendment thereof
permitted by subsection A of Section 2015 of this
title to be made as a matter of course. A motion to
strike an insufficient defense is waived if not raised
as in subsection D of this section.
2. A defense of failure to join a party indispensable under
Section 2019 of this title may be made in any pleading permitted or
ordered under subsection A of Section 2007 of this title or at the
trial on the merits. A defense of another action pending between
the same parties for the same claim or a defense of lack of capacity
of a party to sue may be made in any pleading permitted or ordered
pursuant to the provisions of subsection A of Section 2007 of this
title or at the pretrial conference.
3. Whenever it appears by suggestion of the parties or
otherwise that the court lacks jurisdiction of the subject matter,
the court shall dismiss the action.
4. A waiver of the defense in paragraph 6 of subsection B of
this section does not preclude a later contention that a party is
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not entitled to any relief as a matter of law, either by motion for
summary judgment, or by demurrer or motion at or after trial.
G. FINAL DISMISSAL ON FAILURE TO AMEND. On granting a motion
to dismiss a claim for relief, the court shall grant leave to amend
if the defect can be remedied and shall specify the time within
which an amended pleading shall be filed. If the amended pleading
is not filed within the time allowed, final judgment of dismissal
with prejudice shall be entered on motion except in cases of
excusable neglect. In such cases amendment shall be made by the
party in default within a time specified by the court for filing an
amended pleading. Within the time allowed by the court for filing
an amended pleading, a plaintiff may voluntarily dismiss the action
without prejudice.
SECTION 2. This act shall become effective November 1, 2026.
Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate