Objections to the jurisdiction of the court over the person, to the issuance or service of the summons or to the venue of the action are waived and a party submits himself to the jurisdiction of the court if he asks for affirmative relief on a claim which is asserted in a permissive counterclaim, in a crossclaim, or in a third- party petition. The assertion of a compulsory counterclaim against a plaintiff does not waive any of the above objections.
Rule 3.Objections to Service and Venue
Rules for District Courts of Oklahoma · Last amended November 1, 1984 · Last verified August 3, 2026
In one sentenceWaives objections to personal jurisdiction, service, or venue when a party seeks affirmative relief through a permissive counterclaim, crossclaim, or third-party petition, but not when the party asserts a compulsory counterclaim against the plaintiff.
Full Text of Rule 3
Amendment History
Withdrawn and replaced by order of Oct. 30, 1984, eff. 11/1/1984.
Plain-English Summary
Rule 3 draws a line between two kinds of counterclaims. Ask for affirmative relief on a permissive counterclaim, a crossclaim, or a third-party petition, and you submit yourself to the court's jurisdiction — objections to personal jurisdiction, to how the summons was issued or served, or to venue, are waived. Assert a compulsory counterclaim instead — one you have to bring in this case or lose it — and none of those objections are waived, since you had no real choice about raising it.
This waiver doctrine connects to Rule 19, which addresses waiver of the same kinds of procedural defects when a party appears in a proceeding to vacate a judgment without objecting right away, and to Rule 1's own reference to the compulsory-counterclaim provision, Section 2013A.
Frequently Asked Questions
If I file a counterclaim, do I lose my objection to personal jurisdiction?
It depends on the type of counterclaim. Rule 3 says asking for affirmative relief on a permissive counterclaim waives jurisdiction, service, and venue objections, but a compulsory counterclaim does not.
What's the difference between a compulsory and a permissive counterclaim for this purpose?
A compulsory counterclaim is one you're required to bring in the same case or lose it; a permissive counterclaim is optional. Rule 3 only penalizes the choice to seek relief on an optional claim.
Does filing a crossclaim or third-party petition waive my venue objection too?
Yes. Rule 3 treats seeking affirmative relief on a crossclaim or third-party petition the same as a permissive counterclaim for waiver purposes.
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: waiver of venue objection oklahomacompulsory counterclaim waiver jurisdictionrule 3 rules for district courts oklahoma