RulesofCivilProcedure.com Civil Procedure · Every State

§ 1652.Pleading

Chapter 34: Declaratory Judgments · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceLets a party seek a determination of rights, status, or legal relations either as the sole relief requested or alongside other claims in a petition, counterclaim, or other pleading, and lets the court grant declaratory relief when appropriate even though other relief was also sought.

Full Text of § 1652

Text size

A determination of rights, status, or other legal relations may be obtained by means of a pleading seeking that relief alone or as incident to or part of a petition, counterclaim, or other pleading seeking other relief, and, when a party seeks other relief, a court may grant declaratory relief where appropriate.

Amendment History

Laws 1961, SB 141, p. 58, § 2.

Plain-English Summary

Section 1652 lets declaratory relief travel alone or with company. A party can seek a determination of rights, status, or other legal relations by itself, or fold it into a petition, counterclaim, or other pleading that also seeks other relief. When a party asks for that other relief too, the court can still grant declaratory relief where it's appropriate to do so.

Frequently Asked Questions

Do I have to file a separate lawsuit just for declaratory relief?

No. Declaratory relief may be sought alone, or as part of a petition, counterclaim, or other pleading that also seeks other relief.

Can a court grant a declaration even if I also asked for damages or an injunction?

Yes, when a party seeks other relief, the court may still grant declaratory relief where appropriate.

Can I raise a declaratory relief request in a counterclaim?

Yes, the statute lists a counterclaim among the pleadings that can seek a determination of rights, status, or other legal relations.

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: how to plead for declaratory relief in oklahoma12 O.S. § 1652declaratory judgment combined with other claimspleading standard for declaratory relief