Where the action is against two or more defendants, and one or more shall have been served, but not all of them, the plaintiff may proceed as follows: First. If the action be against defendants jointly indebted upon contract, tort, or any other cause of action, he may proceed against the defendants served, unless the court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all, and the separate property of the defendants served; and if they are subject to arrest, against the persons of the defendants served. Second. If the action be against defendants severally liable, he may, without prejudice to his rights against those not served, proceed against the defendants served in the same manner as if they were the only defendants.
§ 178.Service On Some of Several Defendants
Chapter 6: Commencement of Actions · Last amended April 6, 1925 · Last verified August 3, 2026
In one sentenceSection 178 lets a plaintiff proceed against whichever codefendants have been served when others haven't, letting a judgment against jointly indebted defendants reach the joint property and served defendants' separate property, or binding only the served defendants where liability is several.
Full Text of § 178
Amendment History
R.L. 1910, § 4730; Amended by Laws 1925, HB 356, c. 186, p. 291, §1, emerg. eff. 4/6/1925.
Plain-English Summary
When a lawsuit names multiple defendants but only some have been served, Section 178 lets the case move forward without waiting for the rest. How the judgment can be enforced then depends on the nature of the claim. If the defendants are jointly indebted — under contract, tort, or another cause of action — the plaintiff may proceed against just the ones served, unless the court orders otherwise, and any resulting judgment reaches the joint property of all the jointly indebted defendants plus the separate property (and, where defendants are subject to arrest, the persons) of those served.
If the defendants are severally liable instead, the plaintiff may proceed against the served defendants exactly as if they were the only parties, without giving up any rights against the ones who haven't been served yet. Section 179 confirms the flip side of this rule: a judgment in this situation doesn't bar a later action against the defendants who were never served.
Frequently Asked Questions
Can a lawsuit proceed if only some defendants have been served in Oklahoma?
Yes. Section 178 lets the plaintiff proceed against the defendants who were served, unless the court directs otherwise.
What can a plaintiff collect if defendants are jointly indebted and only some are served?
The judgment can reach the joint property of all jointly indebted defendants and the separate property of the ones served.
Does proceeding against served defendants give up any rights against the ones not yet served?
No, at least for severally liable defendants — the statute lets the plaintiff proceed against served defendants without giving up rights against those not served.
What's the difference in how this works for jointly indebted versus severally liable defendants?
For joint indebtedness, the judgment can reach joint property plus the served defendants' separate property; for several liability, the plaintiff proceeds against the served defendants as if they were the only ones in the case.
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: service on some defendants not all oklahomajoint and several liability service of process oklahomapartial service multiple defendants oklahoma