OK Bar Civil Procedure Flashcards

In Oklahoma, when may a court grant a new trial on the ground of newly discovered evidence?

Answer: When the evidence could not have been discovered with reasonable diligence before trial and is material, not merely cumulative

A new trial based on newly discovered evidence requires both due diligence and materiality—the evidence must not be merely cumulative or impeaching.

Under Oklahoma's class action rules, which of the following is NOT one of the four prerequisites for class certification?

Answer: Superiority of the class action over individual suits

Superiority is a requirement for Rule 23(b)(3)-type classes but is not one of the four threshold prerequisites (numerosity, commonality, typicality, adequacy).

When a plaintiff in Oklahoma files a petition that fails to state a claim upon which relief can be granted, the proper motion is a:

Answer: Motion to dismiss under 12(b)(6)

A 12(b)(6) motion challenges whether the petition's allegations, taken as true, state a legally sufficient claim for relief.

In Oklahoma, after a final judgment is entered, within what time must a motion to alter or amend the judgment typically be filed?

Answer: 10 days after judgment is filed

Oklahoma requires motions to alter or amend a judgment to be filed within 10 days of the filing of the judgment.

Under Oklahoma law, which doctrine prevents re-litigation of issues that were actually litigated and necessarily decided in a prior action between the same parties?

Answer: Collateral estoppel (issue preclusion)

Collateral estoppel bars re-litigation of specific issues actually litigated, necessarily decided, and essential to the prior judgment.

In Oklahoma, when a summons is served by publication, within what period must service be completed by publication for the court to acquire jurisdiction?

Answer: Once a week for three consecutive weeks

Oklahoma statutes require service by publication to be published once a week for three consecutive weeks in a newspaper of general circulation.

Under Oklahoma's interpleader statute, a stakeholder holding property claimed by two or more claimants may deposit the property with the court and be discharged from liability if the stakeholder:

Answer: Has no independent interest in the property and acknowledges owing the property to one of the claimants

Interpleader requires the stakeholder to be a disinterested party who merely holds the disputed property and acknowledges the obligation to deliver it.