Parties to a question, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court, which would have jurisdiction if an action had been brought. But it must appear, by affidavit, that the controversy is real, and the proceedings in good faith to determine the rights of the parties. The court shall thereupon hear and determine the case, and render judgment as if an action were pending.
§ 1103.Submission of Controversy Without Suit
Chapter 19: Miscellaneous Proceedings · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1103 lets parties to a real, good-faith dispute submit an agreed statement of facts directly to a court with jurisdiction over the matter, without filing a lawsuit, and have the court hear and decide it as though an action were pending.
Full Text of § 1103
Amendment History
R.L. 1910, § 5303.
Plain-English Summary
Two parties who disagree about something that could become a lawsuit don't always have to sue each other first. Section 1103 lets them skip the pleadings: they agree on a case stating the facts their dispute turns on, and submit it to whatever court would have had jurisdiction if a suit had been filed.
There's a safeguard against manufactured or collusive disputes — an affidavit must show the controversy is real and that the parties are proceeding in good faith to settle their rights. Once that's shown, the court hears and decides the submitted case, and renders judgment just as it would in a pending action.
Frequently Asked Questions
Can parties get a court ruling without filing a lawsuit in Oklahoma?
Yes — Section 1103 lets parties to a real controversy submit an agreed statement of facts directly to a court with jurisdiction, without commencing an action.
What has to be shown before the court will hear a submission like this?
An affidavit establishing that the controversy is real and that the parties are proceeding in good faith to determine their rights.
Does the court treat this submission differently from a regular lawsuit?
No, once accepted, the court hears and determines the case and renders judgment as if an action were pending.
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
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