The trial of an issue of fact, and the assessment of damages in any case, shall be in the order in which they are placed on the trial docket, unless by the consent of the parties or the order of the court they are continued or placed at the heel of the docket, unless the court, in its discretion, shall otherwise direct. The court may, in its discretion, hear at any time a motion, and may by rule prescribe the time for hearing motions.
§ 665.Order of Trial of Cases Docketed
Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 665 requires trials and damages assessments to proceed in docket order unless the parties consent, the court orders otherwise, or the case is continued or moved to the end of the docket, while letting the court hear motions at any time and set motion hearing times by rule.
Full Text of § 665
Amendment History
R.L. 1910, § 5042.
Plain-English Summary
The docket sets the order, but Section 665 builds in flexibility. Trials of factual issues, and assessments of damages, proceed in the order they're docketed, unless the parties consent to a different order, the court orders it, or a case gets continued or pushed to the heel, the end, of the docket. Even beyond that, the court can otherwise direct the order in its discretion.
Motions get their own carve-out. The court may hear a motion at any time it chooses, in its discretion, and may adopt a rule fixing when motions get heard.
Frequently Asked Questions
Do cases have to be tried in the order they appear on the docket?
Generally yes, unless the parties consent otherwise, the court orders otherwise, or the case is continued or placed at the heel of the docket.
Can the court hear a motion out of the normal docket order?
Yes, the court may hear a motion at any time in its discretion.
Can the court set fixed times just for hearing motions?
Yes, Section 665 lets the court prescribe, by rule, the time for hearing motions.
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 order of trial docket12 O.S. § 665heel of the docket Oklahomacourt discretion order of trial