Rules for District Courts of Oklahoma.
Rule 4. Motions
- a. Where various objections and defenses have been consolidated pursuant to Section 2012(E) of Title 12, Oklahoma Statutes, the court should hear jurisdictional objections and defenses first. If the court grants a motion on one of the grounds stated therein, the court may pass over other grounds, If an amendment is filed, the adverse party may renew any ground that was passed over and may object to defects in the amended pleading which did not exist in the initial pleading.
- b. In a motion a party must specifically state the grounds therefor and the relief or order sought even where the party relies on defects or deficiencies apparent on the face of the pleading, motion or other instrument.
c. Motions raising fact issues shall be verified by a person having knowledge of the facts, if possible; otherwise, a verified statement by counsel of what the proof will show will suffice until a hearing or stipulation can be provided.
- (1) Motions for extensions of time, if the request is made before expiration of the time period originally prescribed, or as extended by previous orders,
- (2) Motions to continue a hearing, pretrial conference or trial,
- (3) Motions to amend pleadings or file supplemental pleadings,
- (4) Motions to appoint a guardian ad litem,
- (5) Motions for physical or mental examinations,
- (6) Motions to add or substitute parties,
- (7) Motions to enter or vacate default judgments,
- (8) Motions to confirm sales,
- (9) Motions to stay proceedings to enforce judgments,
- (10) Motions to shorten a prescribed time period, and
- (11) Motions to compel discovery.
Every motion shall be accompanied by a concise brief or a list of authorities upon which movant relies. Unless the court directs otherwise, neither a brief nor a list of authorities shall be required with respect to any of the following motions:
- d. If the motion does not comply with the requirements of b and c above, the motion shall be denied without a hearing, and if a responsive pleading is required, the moving party shall serve his responsible pleading within twenty (20) days after notice of the court's action.
- e. Any party opposing a motion, except those enumerated in Section c above, shall serve and file a brief or a list of authorities in opposition within fifteen (15) days of the service of the motion, or the motion shall be deemed confessed.
f. If the grounds supporting a motion are not presented for healing when called, the court, in its discretion, may continue the healing or rule on the motion or the motion may be denied as having been withdrawn or abandoned. Where a party consents to the denial of his motion, the motion shall be deemed to have been withdrawn. Motions that are not contested may be disposed of by the announcement of one party without the necessity of all counsel appealing.
Where a motion is denied for failure to present or is deemed to have been withdrawn or abandoned, the party asserting the motion waives his objection, and if a responsive pleading is required, the moving party shall be required to serve it within twenty (20) days after notice of the court's action.
The ruling of the court on a motion shall be memorialized by an order prepared by the moving party, or as directed by the court, and shall be filed in the case.
- g. Except with the permission of the court after good cause has been shown, a party cannot present any defect or deficiency at the hearing on his motion which was not specifically stated therein, but if the court permits other grounds to be presented, the motion shall be amended in writing, by interlineation if possible, to include the new grounds. This subdivision is not applicable to hearings on new trial motions which are subject to Rule 17.
- h. Motions may be decided by the court without a hearing, and where this is done, the court shall notify the parties of its ruling by mail.
- i. The denial of a motion to dismiss for failure to state a claim upon which relief can be granted, or of a motion to strike a defense because it is insufficient, or of a motion for a summary or a partial summary judgment will not be reviewed on appeal after the action has been tried on its merits.
- j. Joint motions shall be deemed to be joint and several as to all counts in the prior pleading and as to all parties joining in the motion, and where proper grounds are presented to the court, the court must rule on the sufficiency of each claim or defense as to each party.
- k. A negative pregnant or a conjunctive denial is not a ground for objecting to the sufficiency of a defense, but the issues raised shall be determined at the pretrial conference.
- l. After the effective date of the Pleading Code, motions for judgment on the pleadings, motions for a more definite statement, motions to strike redundant, immaterial, impertinent, scandalous or similar matter from a pleading, and objections to the introduction of evidence that are made at the commencement of a trial to test the sufficiency of the pleadings shall not be made. If such motions or objections are made, the court shall summarily deny them without a hearing, and the making of such motions or objections shall not extend the time to serve or file a responsive pleading or take other required action.
m. If a dismissal is effected, motions to dismiss for failure to state a claim or for lack of jurisdiction, filed after October 1, 1993, will be subject to accelerated appellate review under Rule 1.203(A) of the Rules of Civil Appellate Procedure. The record on appeal will be limited to:
- (1) the memorialized entry of dismissal order; in multi-party or multi-claim cases the summary judgment or dismissal order must either (1) dispose of all claims and all parties or (2) entirely dispose of at least one claim or one party and contain the express determination that there is no just reason for delay with the express direction by the trial judge that judgment be filed. See 12 O.S.1991 § 1006.
- (2) pleadings proper as defined by 12 O.S.1991 § 2007(A);
- (3) the instrument(s) upon which the dismissal is rested;
- (4) the motion(s) to dismiss and any supporting brief(s);
- (5) any responsive brief by the party asserting the claim;
- (6) any other item on file which, according to some recitation in the trial court's dismissal order or in some other order, was considered in its decision;
- (7) any other order dismissing some but not all parties or claims;
- (8) any transcripts of the hearing on the motion; and
- (9) any motions, along with supporting and responsive briefs, for new trial (re-examination) of the dismissal order.
Amended by order of June 29, 1993.