A. When a declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.
§ 1653.Parties - Venue
Chapter 34: Declaratory Judgments · Last amended March 19, 2003 · Last verified August 3, 2026
In one sentenceRequires every person whose interest a declaratory judgment would affect to be joined as a party, sets venue by a defendant's residence or service (or the Department of Corrections' official county), and requires notifying the Attorney General whenever a statute's constitutionality is challenged.
Full Text of § 1653
B. The venue of the action shall be established by existing statutes; provided, however, where the action involves an individual defendant, the venue shall be in the county of the defendant's residence or where the defendant may be served with summons. If the action involves two or more defendants who reside in different counties, the venue shall be in any county where any defendant resides or may be served with summons. Where the action has as a defendant the Department of Corrections, the Board of Corrections or any of the agents, officers or employees of the Department or Board, the venue shall be in the county of the official residence of the Department or Board.
C. In any proceeding which involves the validity of a municipal ordinance or regulation, the municipality shall be made a party, and shall be entitled to be heard, and if a statute or regulation is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the proceeding and be entitled to be heard.
Amendment History
Laws 1961, SB 141, p. 59, §3; Amended by Laws 2002, HB 2416, c. 402, §4, emerg. eff. 7/1/2002 (repealed by Laws 2003, c. 3, § 12, emerg. eff. 3/19/2003); Amended by Laws 2002, HB 1939, c. 468, §8, emerg. eff. 11/1/2002; Amended by Laws 2003, c. 3, § 11, emerg. eff. 3/19/2003.
Note
Laws 2002, c. 402, § 4 repealed by Laws 2003, c. 3, § 12, emerg. eff. March 19, 2003.
Plain-English Summary
Section 1653 handles who has to be in a declaratory judgment case and where it belongs. Subsection A requires joining everyone who has, or claims, an interest the declaration would affect, and protects anyone left out: no declaration can prejudice the rights of a person who isn't a party.
Subsection B sets venue. General venue statutes apply, but when the action involves an individual defendant, venue lies in the county of the defendant's residence or wherever the defendant can be served with summons; with multiple defendants living in different counties, venue lies in any county where any defendant resides or can be served. When the Department of Corrections, the Board of Corrections, or one of their agents, officers, or employees is a defendant, venue lies in the county of the Department's or Board's official residence. Subsection C requires joining the municipality, with a right to be heard, in any case testing a municipal ordinance or regulation's validity, and requires serving the Attorney General with a copy of the proceeding, with a right to be heard, whenever a statute or regulation is alleged to be unconstitutional.
Frequently Asked Questions
Who has to be a party in an Oklahoma declaratory judgment case?
Everyone who has, or claims, an interest that the declaration would affect; no declaration can prejudice the rights of someone who isn't joined.
Where do you file a declaratory judgment action against an individual?
In the county of the defendant's residence or wherever the defendant may be served with summons; with multiple defendants in different counties, venue lies in any county where any defendant resides or may be served.
What's the venue rule when the Department of Corrections is a defendant?
Venue lies in the county of the official residence of the Department or the Board of Corrections.
Does the Attorney General have to be notified if I'm challenging a statute?
Yes. If a statute or regulation is alleged to be unconstitutional, the Attorney General must be served with a copy of the proceeding and is entitled to be heard.
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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