OK Bar OK Bar Civil Procedure 5

Question 1

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

Accepted Answer

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

Answer

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?

Accepted Answer

Superiority of the class action over individual suits

Answer

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:

Accepted Answer

Motion to dismiss under 12(b)(6)

Answer

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?

Accepted Answer

10 days after judgment is filed

Answer

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?

Accepted Answer

Collateral estoppel (issue preclusion)

Answer

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

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar OK Bar Civil Procedure 5