(a) If a party dies after verdict is rendered, judgment may be rendered on the verdict although the representative or successor of the decedent has not been substituted as a party to the action.
§ 1081.Death of Party After Verdict Or Judgment
Chapter 18: Revivor of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1081 allows judgment to be entered on a verdict even if a party dies before substitution, lets a deceased plaintiff's representative be substituted any time before enforcement begins, and requires a judgment against a deceased defendant to be filed as an estate claim.
Full Text of § 1081
(b) If a plaintiff dies after verdict or after judgment and the verdict and judgment are in his favor, his representative or successor may be substituted for him upon motion of any party to the action with notice to the representative or successor, or substitution may be made upon motion of the representative or successor of the decedent. Such motion may be made at any time before the judgment becomes dormant but it must be made before action is taken to enforce the judgment. A delay in substituting the representative or successor of the decedent shall not affect the validity of a judgment lien.
(c) If a defendant dies after verdict or after judgment and the verdict and judgment are in favor of the plaintiff, the judgment shall be filed with the representative of the decedent within the time allowed for filing other claims and the judgment shall be treated as if it has been allowed by the representative and it shall be payable in the due course of administration.
Amendment History
Laws 1965, HB 820, c. 299, § 3.
Plain-English Summary
Subsection (a) removes a procedural trap: if a party dies after the verdict comes in, the court can still render judgment on it, even though no one has substituted the decedent's representative or successor as a party yet.
Subsection (b) covers a plaintiff who dies with a favorable verdict or judgment. The representative or successor may be substituted on motion -- by any party with notice to the representative, or by the representative's own motion -- any time before the judgment becomes dormant, but before any step is taken to enforce it. A delay in making that substitution doesn't affect the validity of a judgment lien.
Subsection (c) covers a defendant who dies after a verdict or judgment against them. The judgment gets filed with the decedent's representative within the time allowed for filing other claims against the estate, treated as if the representative had already allowed it, and paid in the ordinary course of administering the estate.
Frequently Asked Questions
Can a court still enter judgment if a party dies right after the jury verdict?
Yes. Section 1081 lets judgment be rendered on the verdict even though no representative has been substituted for the deceased party yet.
How long does a deceased plaintiff's representative have to be substituted into the case?
Any time before the judgment becomes dormant, but before enforcement action is taken.
Does a delay in substituting the representative hurt a judgment lien?
No. The statute specifically says a delay in substitution doesn't affect the validity of a judgment lien.
What happens to a judgment against a defendant who dies afterward?
It gets filed with the decedent's representative within the time for filing other claims, treated as already allowed, and paid in the normal course of estate administration.
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: substitution of party after death oklahoma judgmentdormant judgment death of plaintiff oklahoma12 O.S. § 1081judgment against deceased defendant estate claim oklahoma