No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander or malicious prosecution, which shall abate by the death of the defendant. An action for libel, slander or malicious prosecution shall not abate after a jury verdict or a decision by the court where the trial is by the court, unless a new trial is ordered.
§ 1052.Actions Which Abate On Death of Party
Chapter 17: Survival and Abatement of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1052 provides that no pending action abates on the death of either party except an action for libel, slander, or malicious prosecution against a deceased defendant, and even that exception doesn't apply after a verdict or a decision by the court, unless a new trial is ordered.
Full Text of § 1052
Amendment History
R.L. 1910, § 5280; Amended by Laws 1965, HB 820, c. 299, § 1.
Plain-English Summary
The default rule favors survival: a pending action doesn't abate just because a party dies. The one carve-out is an action for libel, slander, or malicious prosecution, which does abate if the defendant dies. But that carve-out has its own limit -- once a jury has returned a verdict, or the court has decided the case in a bench trial, the action no longer abates on the defendant's death, unless a new trial gets ordered.
Frequently Asked Questions
Does a lawsuit end automatically if one of the parties dies?
No. Section 1052 says no pending action abates by a party's death, except an action for libel, slander, or malicious prosecution.
What happens to a defamation lawsuit if the defendant dies before trial?
It abates -- the specific exception this section carves out for libel, slander, and malicious prosecution actions against a deceased defendant.
Does a defamation case still abate if the defendant dies after the jury already returned a verdict?
No. The section says it won't abate after a verdict or a bench decision, unless the court orders a new trial.
Does this abatement rule apply if the plaintiff dies instead of the defendant?
The abatement exception is tied to the death of the defendant in a libel, slander, or malicious prosecution action; the general non-abatement rule otherwise covers the death of either party.
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: does a lawsuit die with the defendant oklahomalibel slander action abates death oklahoma12 O.S. § 1052actions that survive death of party oklahoma