Okla. Stat. tit. 12, § 12-2012

pleading or motion.

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) days after the service of the

summons and petition upon the defendant,

b. within twenty (20) days after the service of the

summons and petition upon the defendant, or within the

last day for answering if applicable; provided, a

defendant may file a reservation of time which shall

extend the time to respond twenty (20) 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.

Oklahoma Statutes - Title 12. Civil Procedure Page 408

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.

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

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
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

Oklahoma Statutes - Title 12. Civil Procedure Page 409

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

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

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

Oklahoma Statutes - Title 12. Civil Procedure Page 410

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
tted or ordered

Oklahoma Statutes - Title 12. Civil Procedure Page 410

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

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.