When a tender of money is alleged in any pleading, it shall not be necessary to deposit the money in court when the pleading is filed, but it shall be sufficient if the money is deposited in court at trial, or when ordered by the court.
§ 309.Tenders - How Made - Deposit In Court
Chapter 8: Pleadings · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 309 says a party alleging a tender of money in a pleading doesn't have to deposit that money with the court when filing, only by trial or whenever the court later orders it deposited.
Full Text of § 309
Amendment History
R.L. 1910, § 4782.
Plain-English Summary
Pleading a tender of money, say in a defense claiming the defendant already offered payment, doesn't require putting the cash on the table right away. Section 309 lets the deposit wait until trial, or until the court orders it sooner.
Frequently Asked Questions
If a party pleads that a tender of money was made, does the money have to be deposited with the court right away?
No. Section 309 only requires the deposit by trial, or whenever the court orders it, not when the pleading is filed.
What if the court wants the money deposited before trial?
The statute allows that — deposit is required whenever the court orders it, which can come before trial.
Does this rule apply to any pleading that alleges a tender, or only certain kinds?
It applies whenever a pleading alleges a tender of money, regardless of the type of claim or defense involved.
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: pleading a tender of money oklahomadeposit money with court tender defenseoklahoma tender pleading deadline