OK Bar Civil Procedure Flashcards
7 cards from real OK BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 OK Bar Civil Procedure flashcards as text
Under Oklahoma's pleading standards, when a defendant fails to raise a compulsory counterclaim in their answer, what is the consequence?
Answer: The claim is waived and barred in future litigation
Oklahoma follows the federal rule that a compulsory counterclaim—one arising from the same transaction or occurrence—is waived if not pleaded in the answer.
In Oklahoma, which standard governs a motion for judgment as a matter of law (directed verdict) at the close of all evidence?
Answer: Whether reasonable persons could differ on the outcome
A directed verdict is proper only when the evidence and inferences are so one-sided that reasonable persons could not differ in their verdict.
Under the Oklahoma Pleading Code, how long does a defendant generally have to respond to a petition after personal service within the state?
Answer: 20 days
Oklahoma statutes require a defendant to answer or otherwise respond within 20 days after service of summons within the state.
When a plaintiff voluntarily dismisses an action without prejudice for the second time against the same defendant on the same claim in Oklahoma, what is the effect?
Answer: The dismissal operates as an adjudication on the merits
Oklahoma's two-dismissal rule provides that a second voluntary dismissal of the same claim against the same defendant operates as an adjudication on the merits.
In an Oklahoma civil action, which party bears the burden of proving a statute of limitations defense?
Answer: The defendant asserting the defense
The statute of limitations is an affirmative defense, and the burden of pleading and proving it falls on the defendant who asserts it.
Under Oklahoma's long-arm statute, personal jurisdiction may be asserted over a nonresident defendant who commits a tortious act outside Oklahoma causing injury inside the state, provided what additional requirement is met?
Answer: The defendant regularly does or solicits business in Oklahoma
Oklahoma's long-arm statute extends jurisdiction to the limits of due process, but the court still requires minimum contacts such as regular business solicitation in the state.
Under Oklahoma discovery rules, a party who receives an interrogatory must respond within how many days absent a court order or stipulation?
Answer: 30 days
Oklahoma discovery rules require a party to serve answers or objections to interrogatories within 30 days after service of the interrogatories.