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.
Rule 4.Motions
Rules for District Courts of Oklahoma · Last amended August 1, 2013 · Last verified August 3, 2026
In one sentenceSets the mechanics of motion practice in Oklahoma district courts — briefing requirements, an exempt list of routine motions, consequences for a defective or unopposed motion, and a limited appellate record when certain dispositive motions are granted.
Full Text of Rule 4
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.
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:
(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 for scheduling conferences and other settings.
d. If the motion does not comply with the requirements of b and c above, the motion may be denied without a hearing, and if a responsive pleading is required, the moving party shall serve any pertinent responsive pleading within twenty (20) days after notice of the court's action. Motions not requiring briefs shall state whether opposing parties agree or object to the request and shall be accompanied by a proposed order granting the relief requested. If there are no opposing parties, or if they cannot be reached, the movant shall so state with particularity. The proposed order shall be served together with the motion upon all parties in the matter. Objections to motions not requiring briefs shall be served and filed within fifteen (15) days after service of the motion or the motion may be deemed confessed.
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 after service of the motion, or the motion may be deemed confessed.
f. If the grounds supporting a motion are not presented for hearing when called, the court, in its discretion, may continue the hearing 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 appearing.
Where a motion is denied for failure to present or is deemed to have been withdrawn or abandoned, the party asserting the motion waives the 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. Interlineations accomplished pursuant to this Rule upon electronically filed motions shall be memorialized on a copy of the motion which is filed separately with the clerk. 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 in writing by mail or email.
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 judgment, or of a motion for a summary disposition of issues 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. 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. Appeals from orders granting judgment on motion for summary judgment or summary disposition or dismissal on motion to dismiss for failure to state a claim or for lack of jurisdiction will be subject to accelerated appellate review under Rule 1.36 of the Oklahoma Supreme Court Rules. The record on appeal will be limited to:
(1) the memorialized entry of dismissal order; in multi-party or multi-claim cases the 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. § 994.
(2) pleadings proper as defined by 12 O.S. § 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 the claim or determining the issues as to 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.
Amendment History
Amended by order of June 29, 1993; Amended by 2002 OK 69, effective 10/17/2002. Amended by order of the Supreme Court, 2013 OK 68, eff. 8/1/2013.
Plain-English Summary
Rule 4 is the general rulebook for making and opposing motions. Where a party consolidates defenses under Section 2012(E), the court takes up jurisdictional objections first. A motion must state its grounds and the relief sought specifically, even where the defect is obvious on the face of the pleading; one raising fact issues needs verification. Every motion needs a concise brief or list of authorities, except for an enumerated set of routine motions — extensions of time, continuances, amending pleadings, appointing a guardian ad litem, medical exams, adding or substituting parties, default judgments, confirming sales, staying enforcement, shortening time, and scheduling conferences.
A motion that skips the briefing requirement may be denied without a hearing. An opposing brief is due within 15 days of service, or the motion may be deemed confessed. A motion not presented for hearing when called may be treated as withdrawn, and every ruling gets memorialized in a written order. New grounds raised at the hearing require the court's permission and a written amendment to the motion — except this does not apply to new-trial motions, which fall under Rule 17 instead.
Denying certain dispositive motions — to dismiss for failure to state a claim, to strike a defense, or for summary judgment or summary disposition — cannot be reviewed on appeal once the case has gone to trial on the merits. But granting judgment on the pleadings, summary judgment, or dismissal gets accelerated appellate review under Oklahoma Supreme Court Rule 1.36, with the appellate record limited to specific items: the judgment or dismissal order, the pleadings, the motion and supporting materials, and anything else the trial court says it considered. Rule 13's summary-judgment procedure and Rule 5's pretrial scheduling both work through this same motion-practice framework.
Frequently Asked Questions
Do I need to file a brief with every motion in Oklahoma district court?
No. Rule 4 lists motions that don't need a brief or list of authorities — extensions of time, continuances, amending pleadings, and motions to enter or vacate default judgments among them — unless the court orders otherwise.
What happens if I don't respond to a motion?
Rule 4 gives you 15 days after service to file a brief opposing the motion, and if you don't, the motion may be deemed confessed.
Can the court deny my motion without holding a hearing?
Yes. Rule 4 lets the court decide motions without a hearing and notify the parties of the ruling in writing by mail or email.
Can I raise a new argument at the motion hearing that wasn't in my written motion?
Only with the court's permission for good cause, and Rule 4 then requires you to amend the motion in writing, by interlineation if possible, to add the new ground. This does not apply to new-trial motions, which fall under Rule 17.
If the court grants summary judgment against me, can I raise everything on appeal?
The appellate record on an accelerated appeal is limited under Rule 4 to specific items — the judgment, the pleadings, the motion and briefs, and anything the trial court says it considered — so build your record with that in mind.
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 motion practice rulemotion deemed confessed oklahomarule 4 rules for district courts oklahomabrief in support of motion oklahoma