OK Bar OK Bar Civil Procedure 5 — Questions and Answers
Question 1: In Oklahoma, when may a court grant a new trial on the ground of newly discovered evidence?
- When the evidence could not have been discovered with reasonable diligence before trial and is material, not merely cumulative (Correct answer)
- Whenever the losing party presents evidence that was unavailable at trial regardless of diligence
- Only if the newly discovered evidence would definitely change the verdict
- When the evidence was known but intentionally withheld by the opposing party
Correct 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.
Question 2: Under Oklahoma's class action rules, which of the following is NOT one of the four prerequisites for class certification?
- Superiority of the class action over individual suits (Correct answer)
- Numerosity of class members
- Commonality of questions of law or fact
- Typicality of the representative's claims
Correct 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).
Question 3: 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:
- Motion to dismiss under 12(b)(6) (Correct answer)
- Motion for summary judgment
- Motion to strike redundant material
- Motion for a more definite statement
Correct 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.
Question 4: In Oklahoma, after a final judgment is entered, within what time must a motion to alter or amend the judgment typically be filed?
- 10 days after judgment is filed (Correct answer)
- 30 days after judgment is entered
- 20 days after service of the judgment
- 15 days after notice of the judgment
Correct 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.
Question 5: 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?
- Collateral estoppel (issue preclusion) (Correct answer)
- Res judicata (claim preclusion)
- Judicial estoppel
- Laches
Correct answer: Collateral estoppel (issue preclusion)
Collateral estoppel bars re-litigation of specific issues actually litigated, necessarily decided, and essential to the prior judgment.
Question 6: In Oklahoma, when a summons is served by publication, within what period must service be completed by publication for the court to acquire jurisdiction?
- Once a week for three consecutive weeks (Correct answer)
- Once a week for four consecutive weeks
- Once a day for 10 consecutive days
- Once a week for two consecutive weeks
Correct 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.
Question 7: 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:
- Has no independent interest in the property and acknowledges owing the property to one of the claimants (Correct answer)
- Admits liability to all claimants equally
- Files the action before any claimant has initiated suit
- Obtains written consent from all claimants to interplead
Correct 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.
OK Bar OK Bar Civil Procedure 5
In Oklahoma, when may a court grant a new trial on the ground of newly discovered evidence?