Okla. Stat. » Title 12 — CIVIL PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 12, § 1052 (2026)

Actions which abate on death of party

✓ current as of July 2026
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No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander or malicious prosecution, which shall abate by the death of the defendant. An action for libel, slander or malicious prosecution shall not abate after a jury verdict or a decision by the court where the trial is by the court, unless a new trial is ordered. R.L. 1910, § 5280. Amended by Laws 1965, c. 299, § 1.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1975–2026 · leading case: Gaasch v. St. Paul Fire & Marine Ins. Co., 2018 OK 12, 412 P.3d 1151.
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Gaasch v. St. Paul Fire & Marine Ins. Co., 2018 OK 12, 412 P.3d 1151. “§ 1054 ), and: "When it is once conceded or established that the widow's action, under section 5945 of the statute, is an entirely new cause of action, it follows that it is independent, both in the right and the enforcement of it, of section 5943; in other words, this…”
Melton Pietrowski v. Town of Dibble, Shown on Petition as the Town Council of Dibble, Ok Ronnie Jackson, & McClain Cnty. Dwayne Anderson, 134 F.3d 1006 (10th Cir. 1998). “See Okla. Stat. tit. 12, § 1052 (“No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander or malicious prosecution, which shall abate by the death of the defendant.”
Campbell v. Campbell, 878 P.2d 1037 (Okla. 1994). · cites it 2× “12 O.S.1991, § 1052 states: No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander or malicious prosecution, which shall abate by the death of the defendant.”
Hopkins v. Oklahoma Pub. Employees Ret. Sys., 150 F.3d 1155 (10th Cir. 1998). · cites it 2× “See Okla. Stat. tit. 12, § 1052 . Thus, we conclude that Hopkins’ suit does not abate upon his death.”
Est. of Sanders v. Jones, 362 F. Supp. 3d 463 (W.D. Tenn. 2019). “21 ("Unless otherwise provided, no action or proceeding pending in any court shall abate by the death of either or both of the parties thereto, except actions for libel, slander, malicious prosecution, .”
Shaw v. Garrison, 391 F. Supp. 1353 (E.D. La. 1975). “1972) ; Okla.Stat.Ann. tit. 12, §§ 1052, 1082 (Supp.”
Drake v. Park Newspapers of Ne. Oklahoma, Inc., 683 P.2d 1347 (Okla. 1984). “It would be strange indeed for the legislature to create a cause of action for libel of a dead person, and then provide that a libel action does not survive the death of a defamed plaintiff and abates on the death of a defendant.”
DON KEENAN v. TODD RUSS, in his capacity as the Treasurer of the State of Oklahoma, 2026 OK 20. “" 12 O.S.2021 § 1052 ¶10 Treasurer argues the Court may apply 12 O.”
Gaasch v. St. Paul Fire & Marine Ins. Co., 2018 OK 12. “S §1051) and § 5944 (12 O.S.§ 1052) involve a right independent of the right of action provided by Comp.”
Stephens v. Dillard (E.D. Okla. 2020). “Okla. Stat. tit. 12, § 1052 . Plaintiff’s suit alleging Eighth Amendment violations does not constitute a claim for slander, libel, or malicious prosecution, therefore, Oklahoma law calls for the survival of the 1 See United States v.”
Stephens v. Oklahoma Dep't of Corr. (E.D. Okla. 2020). “Okla. Stat. tit. 12, § 1052 . Plaintiff’s suit alleging Eighth Amendment violations does not constitute a claim for slander, libel, or malicious prosecution, therefore, Oklahoma law calls for the survival of the suit despite his death.”
Pietrowski v. Town of Dibble (10th Cir. 1998). “See Okla. Stat. tit. 12, § 1052 (“No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander or malicious prosecution, which shall abate by the death of the defendant.”
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