Chapter 2: General Provisions · Last amended November 1, 1984 · Last verified August 3, 2026
In one sentenceSection 4.1 sets a twenty-day deadline, running from service of the relevant pleading, for a plaintiff or third-party defendant to assert claims against each other and for a party to reply to a counterclaim, after which a party needs the court's permission.
Full Text of § 4.1
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A plaintiff may assert a claim against a thirdparty defendant within twenty days after service on him of a copy of the third-party petition. Thereafter he must obtain leave of court.
A third-party defendant may assert a claim against the plaintiff within twenty days after he has been served with a third-party petition. Thereafter he must obtain leave of court.
A party shall serve his reply to a counterclaim in an answer to a third-party petition or in an answer to a cross-claim within twenty days after service of the pleading containing the counterclaim.
Amendment History
Adopted by order of Oct. 30, 1984, eff. 11/1/1984.
Plain-English Summary
Section 4.1 gives parties a fixed window to bring in claims tied to third-party practice. A plaintiff can assert a claim against a third-party defendant within twenty days after that defendant is served with the third-party petition. A third-party defendant gets the same twenty days to assert a claim back against the plaintiff. Miss the window and a party needs the court’s leave before filing the claim.
The section sets the same twenty-day clock for replying to a counterclaim raised in an answer to a third-party petition or in an answer to a cross-claim. The reply is due twenty days after the party is served with the pleading that contains the counterclaim.
Frequently Asked Questions
How long does a plaintiff have to sue a third-party defendant?
Twenty days. Section 4.1 lets a plaintiff assert a claim against a third-party defendant within twenty days after that defendant is served with a copy of the third-party petition; after that, the plaintiff needs the court’s leave.
Can a third-party defendant bring a claim back against the plaintiff?
Yes. Section 4.1 gives a third-party defendant twenty days after being served with the third-party petition to assert a claim against the plaintiff, and requires leave of court for any later claim.
What happens if I miss the twenty-day deadline in Section 4.1?
The claim doesn’t disappear, but you can’t file it as of right. Section 4.1 requires a party who misses the twenty-day window to obtain leave of court before asserting the claim.
How long do I have to reply to a counterclaim in a third-party case?
Twenty days. Section 4.1 requires a party to serve a reply to a counterclaim raised in an answer to a third-party petition or an answer to a cross-claim within twenty days after being served with the pleading that contains it.
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:third-party petition deadline oklahomatime to reply to counterclaimthird-party defendant claim deadlinetwenty days third party practice