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Rule 1.Effect of Code On Pending Actions

Rules for District Courts of Oklahoma · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceApplies the Oklahoma Pleading Code to civil actions already pending when it takes effect, unless a court finds that unjust or infeasible in a given case, and keeps pleadings, motions, and filing deadlines valid under the earlier procedure from losing effect.

Full Text of Rule 1

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The Oklahoma Pleading Code governs all proceedings in actions pending on the day that it takes effect, except to the extent in the opinion of the court its application in a particular action would not be feasible or would work injustice, in which event the former procedure applies. Pleadings, motions and other instruments that were filed prior to the effective date of the Code and that were sufficient at the time they were filed shall continue to be effective after the Code takes effect, and if at the time the Code takes effect a party is required to file or serve a pleading or motion to take other action, the time to take such action shall not be shortened by any provision of the Code, Although an action is commenced before the effective date of the Code, Section 2011 in regard to the signing of pleadings and motions shall apply to all pleadings and motions that are served or filed on or after the effective date of the Code, and Section 2013A in regard to compulsory counterclaims shall apply to all answers, answers to cross-claims, answers to third-party claims and answers to claims asserted by plaintiffs against third-party defendants that are served or filed on or after the effective date of the Code.

Amendment History

Adopted by order of the Supreme Court, 2013 OK 68, eff. 8/1/2013.

Plain-English Summary

When a state overhauls its civil pleading rules, someone has to decide which cases the new rules cover: only new filings, or cases already underway? Rule 1 answers that question for Oklahoma's 2013 Pleading Code. The new Code governs actions pending on its effective date, unless a court decides that applying it in a particular case would not be feasible or would work an injustice, in which case the earlier procedure controls instead.

The rule then protects parties who acted under the old rules: pleadings, motions, and other papers that were sufficient when filed stay effective, and a deadline that was already running does not get shortened by the new Code. Two provisions get special treatment regardless of when the case started — Section 2011 (signing pleadings and motions) and Section 2013A (compulsory counterclaims) apply to anything served or filed on or after the effective date. Section 2013A's compulsory-counterclaim rule connects directly to Rule 3, which addresses how asserting a counterclaim can waive objections to service, venue, or jurisdiction.

Frequently Asked Questions

My case was already pending when the Oklahoma Pleading Code took effect on August 1, 2013. Does the new Code apply to my case?

Yes. Rule 1 makes the Code govern actions pending on its effective date, unless a court finds that applying it to your case would not be feasible or would work an injustice, in which case the earlier procedure applies instead.

I filed a motion before the Code took effect. Do I have to refile it?

No. Rule 1 keeps pleadings, motions, and other papers that were sufficient when filed in effect after the Code takes effect.

Did the new Code shorten a deadline I was already working under?

No. If you were already required to file or serve something before the effective date, Rule 1 says the time to act is not shortened by any provision of the new Code.

Do the new counterclaim and pleading-signature rules apply to a case that started under the old procedure?

Yes, for those two provisions specifically. Rule 1 applies Section 2011 (signing pleadings and motions) and Section 2013A (compulsory counterclaims) to anything served or filed on or after the effective date, no matter when the action itself began.

Source & verification. Rule text is reproduced verbatim from the Rules for District Courts of Oklahoma, promulgated by the Supreme Court of Oklahoma as an appendix to Chapter 2 of Title 12 of the Oklahoma Statutes. Last verified August 3, 2026. · Official source
Also known as: oklahoma pleading code effective daterule 1 rules for district courts oklahomaoklahoma pleading code pending casescompulsory counterclaim oklahoma transition rule