Except as provided in Section 684.1 of this title, an action may be dismissed, without prejudice to a future action:
§ 683.Dismissal of Action - Grounds and Time
Chapter 12: Judgment · Last amended November 1, 2004 · Last verified August 3, 2026
In one sentenceSection 683 lists the grounds on which a civil action may be dismissed without prejudice — voluntary dismissal by the plaintiff before submission, and dismissal by the court for the plaintiff's non-appearance, missing parties, lack of diligence, or disobedience — with all other cases decided on the merits.
Full Text of § 683
1. By the plaintiff, before the final submission of the case to the jury, or to the court, where the trial is by the court;
2. By the court, where the plaintiff fails to appear on the trial;
3. By the court, for the want of necessary parties;
4. By the court, on the application of some of the defendants, where there are others whom the plaintiff fails to prosecute with diligence;
5. By the court, for disobedience by the plaintiff of an order concerning the proceedings in the action; and
6. In all other cases, upon the trial of the action, the decision must be upon the merits.
Amendment History
R.L. 1910, §5125; Amended by Laws 2004, HB 2661, c. 368, §3, eff. 11/1/2004; Amended by Laws 2009, HB 1603, c. 228, §5, eff. 11/1/2009.
Note
Laws 2009, c. 228, § 5 was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed by Laws 2013, 1st Ex.Sess., c. 13, § 1.
Plain-English Summary
Section 683 sorts dismissals into two kinds: those the plaintiff controls and those the court imposes. A plaintiff can dismiss voluntarily any time before the case goes to the jury, or to the judge in a bench trial. The court can dismiss on its own when the plaintiff fails to show up for trial, when necessary parties are missing, when some defendants ask because the plaintiff isn't pursuing claims against others with diligence, or when the plaintiff disobeys a court order about how the case should proceed.
Every dismissal on this list comes without prejudice to refiling. Anything that doesn't fit one of those categories — meaning the case goes forward to a decision — has to be decided on the merits. A compiler's note flags that a 2009 amendment to this section was declared unconstitutional by the Oklahoma Supreme Court in Douglas v. Cox Retirement Properties, Inc. and later repealed, so the section in force today traces to the 2004 amendment rather than the invalidated 2009 language. Section 684.1 carves medical liability actions under the Affordable Access to Health Care Act out of this section's scope.
Frequently Asked Questions
Can I dismiss my own lawsuit in Oklahoma without the court's permission?
Yes, Section 683 lets a plaintiff dismiss before the case is finally submitted to the jury, or to the court in a bench trial, without prejudice to filing again.
What happens if I don't show up for my own trial?
The court can dismiss the action on its own when the plaintiff fails to appear for trial.
Can a court dismiss a case for missing necessary parties?
Yes, Section 683 lets the court dismiss for want of necessary parties.
Are dismissals under this section with or without prejudice?
Without prejudice to bringing a future action, except for the catch-all category, where the case is decided on the merits rather than dismissed.
Why does the note mention a case being declared unconstitutional?
The compiler's note explains that a 2009 amendment to this section was struck down in Douglas v. Cox Retirement Properties, Inc. and later repealed, so the section as currently written traces to the 2004 amendment.
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 dismissal without prejudice grounds12 O.S. § 683voluntary dismissal before trial Oklahomagrounds for dismissal of civil action Oklahoma