The court may first try and decide upon the grounds to vacate or modify a judgment or order before trying or deciding upon the validity of the defense or cause of action.
§ 1034.Trial of Application to Vacate
Chapter 16: Trial Court Vacation and Modification of Judgments · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1034 lets the court decide the grounds for vacating or modifying a judgment before it takes up the validity of the underlying defense or cause of action.
Full Text of § 1034
Amendment History
R.L. 1910, § 5270.
Plain-English Summary
When a petition under Section 1033 raises both the grounds to vacate a judgment and a defense to the underlying action, the court doesn't have to try them together. It may first decide whether the grounds to vacate or modify hold up, before ever reaching the merits of the defense or cause of action.
Frequently Asked Questions
Does the court have to decide the merits of my defense at the same time as my motion to vacate?
No. Section 1034 lets the court try and decide the grounds to vacate or modify first, separately from the underlying defense or cause of action.
Why would a court want to separate these two questions?
If the grounds to vacate fail, there's no need to reach the merits of the defense at all, saving the court and parties that step.
Is trying the grounds to vacate first mandatory?
The text says the court "may" do so first, making it discretionary instead of mandatory.
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: trial on motion to vacate judgment oklahoma12 O.S. § 1034deciding grounds to vacate before merits oklahoma