The period of limitation applicable to a claim accruing outside of this state shall be that prescribed either by the law of the place where the claim accrued or by the law of this state, whichever last bars the claim.
§ 105.Law Governing
Chapter 3: Limitations of Actions · Last amended February 24, 1970 · Last verified August 3, 2026
In one sentenceSection 105 tells Oklahoma courts which limitations period governs a claim that accrued outside the state: whichever of the two, the law of the place of accrual or Oklahoma law, bars the claim later in time.
Full Text of § 105
Amendment History
Laws 1965, SB 124, c. 98, § 2; Amended by Laws 1970, HB 1507, c. 31, § 1, emerg. eff. 2/24/1970.
Plain-English Summary
For a claim that accrued outside Oklahoma, the applicable limitations period is whichever one, the accrual state's law or Oklahoma's own law, takes longer to bar the claim. The rule doesn't automatically favor Oklahoma law or the other jurisdiction's law; it favors whichever period runs longer, comparing the two directly.
This choice-of-law rule works together with § 104's definition of “claim” and the uniform-construction and citation provisions in §§ 107 and 108.
Frequently Asked Questions
Which state's statute of limitations applies to a claim that arose outside Oklahoma?
Whichever one bars the claim later, comparing the law of the place where the claim accrued against Oklahoma's own law.
Does this section always favor Oklahoma's limitations period?
Not necessarily; it applies whichever period, Oklahoma's or the accrual state's, takes longer to run.
What kind of claims does this rule cover?
Any “claim” as defined in § 104, meaning a right of action assertable in a civil proceeding, that accrued outside Oklahoma.
Is this part of a larger uniform law?
Yes, it's part of the Uniform Statute of Limitation on Foreign Claims Act; see § 108's short title and § 107's uniform-construction directive.
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 borrowing statute limitationschoice of law statute of limitations Oklahoma12 O.S. § 105foreign claim accrued outside Oklahoma limitations period