OK Bar OK Bar Civil Procedure 4

Question 1

Under Oklahoma's pleading standards, when a defendant fails to raise a compulsory counterclaim in their answer, what is the consequence?

Accepted Answer

The claim is waived and barred in future litigation

Answer

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?

Accepted Answer

Whether reasonable persons could differ on the outcome

Answer

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?

Accepted Answer

20 days

Answer

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?

Accepted Answer

The dismissal operates as an adjudication on the merits

Answer

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?

Accepted Answer

The defendant asserting the defense

Answer

The statute of limitations is an affirmative defense, and the burden of pleading and proving it falls on the defendant who asserts it.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar OK Bar Civil Procedure 4