Issues arise on the pleadings, where a fact or conclusion of law is maintained by one party, and controverted by the other. There are two kinds: First, of law. Second, of fact.
§ 552.How Issues Arise - Kinds of Issues
Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 552 explains that issues in an Oklahoma civil action arise from the pleadings whenever one party asserts a fact or legal conclusion that the other party disputes, and identifies the two categories: issues of law and issues of fact.
Full Text of § 552
Amendment History
R.L. 1910, § 4989.
Plain-English Summary
An issue, under this section, is born on the pleadings. One party maintains a fact or a conclusion of law; the other controverts it. Wherever that disagreement exists, an issue exists. The statute recognizes only two kinds: issues of law and issues of fact.
That split matters because Sections 556 and 557 send the two kinds of issues to different decision-makers -- law to the court, and fact to a jury or the court depending on what the action seeks.
Frequently Asked Questions
How does an "issue" get created in an Oklahoma lawsuit?
An issue arises on the pleadings when one party maintains a fact or a conclusion of law and the other party controverts it.
What are the two kinds of issues under Oklahoma procedure?
Issues of law and issues of fact.
What happens if a party doesn't dispute a fact stated in the pleadings?
Without a controverting position from the other side, there's no issue on that point for the court to try.
Does this section say how issues get resolved?
No. It only defines how issues arise and what kinds exist; Sections 556 and 557 assign each kind to the court or a jury.
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: issues of law vs issues of fact oklahomahow issues arise from pleadings12 O.S. § 552oklahoma pleading issue joined