§ 684.1.Action Brought Pursuant to Affordable Access to Health Care Act - Dismissal Without Order of Court
Chapter 12: Judgment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 684.1 sets special dismissal rules for medical liability actions under the Affordable Access to Health Care Act, letting a plaintiff, defendant, or intervenor dismiss without a court order on payment of costs at specified stages, while penalizing bad-faith dismissals.
A.A medical liability action brought pursuant to the Affordable Access to Health Care Act shall only be dismissed, on the payment of costs and without an order of court:
1.By the plaintiff, before the later of the completion of discovery or the court's ruling on a motion for summary judgment;
2.By the plaintiff at any time before a petition for intervention or answer praying for affirmative relief against the plaintiff is filed in the action. The plaintiff may, at any time before the trial is commenced, on payment of the costs and without any order of the court, dismiss the action after the filing of a petition for intervention or answer praying for affirmative relief, but such dismissal shall not prejudice the right of the intervenor or defendant to proceed with the action. Any defendant or intervenor may, in like manner, dismiss an action against the plaintiff, without an order of the court, at any time before the trial has begun, on payment of costs made on the claim filed by the defendant or intervenor; or
3.By agreement of all parties to a civil action at any time before trial.
B.Such dismissal shall be in writing and signed by the party or the attorney for the party, and shall be filed with the clerk of the district court where the action is pending, who shall note the fact on the proper record. Provided, such dismissal shall be held to be without prejudice, unless the words "with prejudice" be expressed therein.
C.If the court finds that a party has acted in bad faith, vexatiously, wantonly or in an oppressive manner in dismissing an action under this section, the court, pursuant to subsection A of this section, may award reasonable costs against the party and condition the refiling of the case upon payment of the costs.
Amendment History
Added by Laws 2004, HB 2661, c. 368, §5, eff. 11/1/2004.
Plain-English Summary
This section carves out its own dismissal rules for one specific category of case — a medical liability action brought under the Affordable Access to Health Care Act — in place of the general framework Section 683 sets out. A plaintiff can dismiss on payment of costs and without a court order at three points: before the later of finishing discovery or a summary judgment ruling; any time before an intervention petition or an answer seeking affirmative relief is filed; or by agreement of all parties before trial. Once an intervention petition or such an answer is on file, the plaintiff can still dismiss before trial starts, but that dismissal won't cut off the intervenor's or defendant's own right to keep going with the case; the same rule lets a defendant or intervenor dismiss their own claim before trial the same way.
The dismissal has to be in writing, signed, and filed with the clerk, and it counts as without prejudice unless it expressly says “with prejudice.” If the court finds a party dismissed in bad faith — acting vexatiously, wantonly, or oppressively — it can make that party pay reasonable costs and condition any refiling on paying them first.
Frequently Asked Questions
What kind of case does this section cover?
A medical liability action brought under the Affordable Access to Health Care Act, which follows its own dismissal rules instead of the general rules in Section 683.
Do I need a judge's order to dismiss this kind of case?
Not if you dismiss at one of the listed stages — before the later of completed discovery or a summary judgment ruling, before an intervention petition or answer seeking affirmative relief is filed, or by agreement of all parties before trial — and pay the costs.
Is a dismissal under this section with or without prejudice?
Without prejudice unless the dismissal expressly states that it's with prejudice.
Can a defendant or intervenor dismiss their own claim too?
Yes, a defendant or intervenor may dismiss a claim against the plaintiff the same way, without a court order, at any time before trial begins, on payment of costs.
What happens if someone dismisses a case in bad faith?
The court can award reasonable costs against that party and condition any refiling of the case on payment of those costs.
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:Affordable Access to Health Care Act dismissal Oklahoma12 O.S. § 684.1medical liability action dismissal Oklahomavoluntary dismissal medical malpractice Oklahoma