OK Bar OK Bar Civil Procedure 4 — Questions and Answers
Question 1: Under Oklahoma's pleading standards, when a defendant fails to raise a compulsory counterclaim in their answer, what is the consequence?
- The claim is waived and barred in future litigation (Correct answer)
- The defendant may raise it in a separate action within the statute of limitations
- The court may grant leave to amend the answer at any time
- The defendant must file a separate permissive counterclaim within 30 days
Correct 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.
Question 2: In Oklahoma, which standard governs a motion for judgment as a matter of law (directed verdict) at the close of all evidence?
- Whether reasonable persons could differ on the outcome (Correct answer)
- Whether the moving party has a preponderance of evidence
- Whether the non-moving party has produced any evidence
- Whether the trial court finds the evidence credible
Correct 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.
Question 3: Under the Oklahoma Pleading Code, how long does a defendant generally have to respond to a petition after personal service within the state?
- 20 days (Correct answer)
- 30 days
- 21 days
- 14 days
Correct answer: 20 days
Oklahoma statutes require a defendant to answer or otherwise respond within 20 days after service of summons within the state.
Question 4: 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?
- The dismissal operates as an adjudication on the merits (Correct answer)
- The plaintiff may refile within the savings statute period
- The court must approve the second dismissal by order
- The defendant may seek sanctions for the second dismissal
Correct 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.
Question 5: In an Oklahoma civil action, which party bears the burden of proving a statute of limitations defense?
- The defendant asserting the defense (Correct answer)
- The plaintiff, once the issue is raised
- Neither party; the court determines it independently
- The party with the greater number of witnesses
Correct 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.
Question 6: 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?
- The defendant regularly does or solicits business in Oklahoma (Correct answer)
- The plaintiff is a resident of Oklahoma at the time of injury
- The tortious act involves a product manufactured in Oklahoma
- The defendant has a registered agent in any U.S. state
Correct 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.
Question 7: Under Oklahoma discovery rules, a party who receives an interrogatory must respond within how many days absent a court order or stipulation?
- 30 days (Correct answer)
- 20 days
- 14 days
- 45 days
Correct answer: 30 days
Oklahoma discovery rules require a party to serve answers or objections to interrogatories within 30 days after service of the interrogatories.
OK Bar OK Bar Civil Procedure 4
Under Oklahoma's pleading standards, when a defendant fails to raise a compulsory counterclaim in their answer, what is the consequence?