When a right of action is barred by the provisions of any statute, it shall be unavailable either as a cause of action or ground of defense, except as otherwise provided with reference to a counterclaim or setoff.
§ 102.Statutory Bar Absolute - Exception
Chapter 3: Limitations of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 102 makes an expired claim unusable for any purpose in court, whether as the basis of a lawsuit or as a defense, unless another rule allows it to be raised as a counterclaim or setoff.
Full Text of § 102
Amendment History
R.L. 1910, § 4664.
Plain-English Summary
Once a right of action is barred by a limitations statute, Section 102 says it can't be used either as a cause of action or as a defense to one. The one carve-out is for a counterclaim or setoff, where other law otherwise allows a stale claim to be raised.
The section doesn't set any deadlines itself; it just states what happens once the deadlines in sections like § 93 and § 95 run out.
Frequently Asked Questions
If my claim is time-barred, can I still raise it defensively if I'm sued?
Generally no; Section 102 says a time-barred right of action can't be used as a cause of action or as a ground of defense.
Is there any exception to this rule?
Yes, the section carves out situations otherwise provided with reference to a counterclaim or setoff.
Does this section create the limitations periods themselves?
No, it states the legal effect of an expired claim; the deadlines themselves come from sections like § 93 and § 95.
How does this section relate to Section 91?
Section 91 says a barred claim isn't revived by the limitations article; Section 102 spells out that the bar applies whether the claim is raised offensively or defensively.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: Oklahoma statute of limitations as a defensetime-barred claim as counterclaim Oklahoma12 O.S. § 102statutory bar absolute Oklahoma