A civil action is commenced by filing a petition with the court.
§ 2003.Commencement of Action
Chapter 39: Oklahoma Pleading Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2003 fixes the moment a lawsuit legally begins in Oklahoma: the filing of a petition with the court, not service of process or any other later step.
Full Text of § 2003
Amendment History
Added by Laws 1984, SB 417, c. 164, §3, eff. 11/1/1984.
Plain-English Summary
This one-sentence rule answers a question that matters for statutes of limitation, lis pendens, and countless deadlines that run from "commencement": in Oklahoma, a case starts when the petition reaches the court clerk. Everything else -- issuing a summons, serving the defendant -- happens after the case already exists.
Frequently Asked Questions
Does serving the defendant start the lawsuit clock, or filing the petition?
Filing the petition with the court starts the action; service happens afterward under Section 2004.
Why does the moment of commencement matter?
Other rules key off it -- for example, Section 2004.2's notice of pendency of action and Section 2004's 180-day time limit for service both run from the date the petition is filed.
Is this different from federal practice?
No -- FRCP 3 uses the identical rule that a civil action commences by filing.
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: oklahoma commencement of action12 O.S. § 2003when does a lawsuit start oklahomafiling a petition oklahoma FRCP 3