Chapter 39: Oklahoma Pleading Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2007 lists the only pleadings Oklahoma civil procedure allows -- petition, answer, replies and answers to counterclaims and cross-claims, and third-party pleadings -- requires motions to state their grounds and relief sought in writing, and abolishes demurrers.
A.PLEADINGS. There shall be a petition and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim denominated as such; a third-party petition, if a person who was not an original party is summoned under the provisions of Section 14 of this act; and a third-party answer, if a third-party petition is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.
1.An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
2.The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this act.
3.All motions shall be signed in accordance with Section 11 of this act.
C.DEMURRERS TO THE PLEADINGS, PLEAS, ETC., ABOLISHED. Demurrers to the pleadings, pleas, and exceptions for insufficiency of a pleading shall not be used.
Amendment History
Added by Laws 1984, SB 417, c. 164, §7, eff. 11/1/1984.
Plain-English Summary
This section answers a basic structural question: what documents count as "pleadings" in an Oklahoma lawsuit? The list is short -- petition, answer, a reply to a counterclaim, an answer to a cross-claim, and, where applicable, a third-party petition and answer -- and nothing else qualifies unless the court specifically orders a reply. Anything else a party wants to bring to the court's attention goes in as a motion instead.
A motion must be in writing unless made during a hearing or trial, state its grounds with particularity, and specify the relief sought, though a written notice of hearing that states the motion's substance satisfies the writing requirement. The section also finishes off a piece of old code-pleading practice: demurrers, pleas, and exceptions for insufficiency of a pleading are abolished. Under the Pleading Code, a party challenges a defective pleading with a motion under Section 2012, not a demurrer.
Frequently Asked Questions
What documents count as a "pleading" in an Oklahoma civil case?
Only the petition, the answer, a reply to a counterclaim, an answer to a cross-claim, and, where applicable, a third-party petition and answer; no other pleading is allowed unless the court orders a reply, under subsection A.
Are demurrers still used in Oklahoma civil cases?
No -- subsection C abolishes demurrers, pleas, and exceptions for insufficiency of a pleading; a motion under Section 2012 is now the vehicle for challenging a defective pleading.
Does a motion have to be in writing?
Generally yes, unless it's made during a hearing or trial, and it must state its grounds with particularity and the relief requested, under subsection B.
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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