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§ 666.Time of Trial

Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 666 makes an action triable once its issues are made up under the pleading deadlines, sets it for trial ten days later, sends a default case to trial immediately, and treats a frivolous demurrer the same as a joined issue of fact.

Full Text of § 666

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Actions shall be triable at the first term of court, after or during which the issues therein, by the time fixed for pleading are, or shall have been made up. When the issues are made up, or when the defendant has failed to plead within the time fixed, the cause shall be placed on the trial docket, and if it be a trial case shall stand for trial at such term ten (10) days after the issues are made up, and shall, in case of default stand for trial forthwith. When any demurrer shall be adjudged to be frivolous the cause shall stand for hearing or trial in like manner as if an issue of fact had been joined in the first instance.

Amendment History

R.L. 1910, § 5043.

Plain-English Summary

An action becomes ready for trial once its issues are made up, meaning the pleadings that frame the dispute are complete by the deadlines set for pleading. Section 666 makes such an action triable at the first term during or after which that happens.

Once the issues close, or once a defendant fails to plead in time, the case goes on the trial docket. A regular case stands for trial ten days after the issues are made up; a defaulted case stands for trial right away. And if the court finds a demurrer frivolous, Section 666 treats the case as if an issue of fact had been joined from the outset, sending it straight to hearing or trial.

Frequently Asked Questions

When does a case become ready for trial in Oklahoma?

At the first term during or after which the issues in the case are made up, under the deadlines fixed for pleading.

How soon after the issues close does a case go to trial?

A trial case stands for trial ten days after the issues are made up at that term.

What happens if the defendant never answers the petition?

The case still goes on the trial docket and stands for trial immediately, in default.

What if the court overrules a demurrer as frivolous?

The case stands for hearing or trial the same way it would if an issue of fact had been joined from the start.

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 time of trial12 O.S. § 666ten days after issues made up trialfrivolous demurrer stand for trial