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

Okla. Stat. tit. 12, § 2007 (2026)

Pleadings allowed - Form of motions

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PLEADINGS ALLOWED; FORM OF MOTIONS A. PLEADINGS. There shall be a petition and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim,

if the answer contains a cross-claim denominated as such; a third- party petition, if a person who was not an original party is summoned under the provisions of Section 14 of this act; and a third-party answer, if a third-party petition is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer. B. MOTIONS AND OTHER PAPERS. 1. An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. 2. The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this act. 3. All motions shall be signed in accordance with Section 11 of this act. C. DEMURRERS TO THE PLEADINGS, PLEAS, ETC., ABOLISHED. Demurrers to the pleadings, pleas, and exceptions for insufficiency of a pleading shall not be used. Added by Laws 1984, c. 164, § 7, eff. Nov. 1, 1984.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1989–2023 · leading case: Capshaw v. Gulf Ins. Co., 2005 OK 5, 107 P.3d 595.
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Capshaw v. Gulf Ins. Co., 2005 OK 5, 107 P.3d 595. · cites it 2× “COCA addressed this issue and held (1) Capshaw's oral motion for a new trial does not meet the § 654 statutory requirement and (2) this procedural scenario does not fall within the "made during a hearing or trial" exception of 12 O.S.2001 § 2007(B)(1). Because Coronado failed to…”
State v. Torres, 2004 OK 12, 87 P.3d 572. · cites it 2× “2d 89, 93 ; 12 O.S.2001 § 2007(A). It is an application to the court for an order.”
Osage Nation v. Bd. of Commissioners of Osage Cnty. & Osage Nation v. Osage Cnty. Bd. of Adjustment, 2017 OK 34, 394 P.3d 1224. “¶14 Some motions may be made orally pursuant to 12 O.S. § 2007. 16 Applying a similar procedural rule in federal courts allows an oral motion when the substance of a motion and its context show that advance notice of the motion should not be required.”
Ward Petroleum Corp. v. Stewart, 2003 OK 11, 64 P.3d 1113. · cites it 2× “Accordingly, a related tort claim may only be asserted in the same case by a petition under 12 O.S.2001, § 2007(A). While the Defendants in the case in controversy improperly filed an answer and counter-claim, we leave it to the trial judge in this instance to separate the…”
Bailey v. Campbell, 862 P.2d 461 (Okla. 1992). · cites it 2× “Title 12 O.S.Supp.1984 § 2007 provides in pertinent part: ".”
Inhofe v. Wiseman, 772 P.2d 389 (Okla. 1989). · cites it 2× “However, a motion made during a hearing is not required to be in writing pursuant to 12 O.S.Supp.1984 § 2007. 4 We are not persuaded by this facet of the petitioner’s argument.”
Sommer v. Sommer, 1997 OK 123, 947 P.2d 512. · cites it 2× “Pleadings are defined in 12 O.S.1991 § 2007(A). Its terms are: A. PLEADINGS.”
Swickey v. Silvey Companies, 1999 OK CIV APP 48, 979 P.2d 266. “The rule requires the record on appeal to include "the pleadings proper as defined by 12 O.S.1991 § 2007(A) ...” The record in this case does not include either the original petition or the Appellee's answer.”
Bailey v. Campbell, 829 P.2d 667 (Okla. 1992). · cites it 4× “" [12] Title 12 O.S.Supp. 1984 § 2007 provides in pertinent part: ".”
Smith v. State ex rel. Bd. of Regents of Oklahoma State Univ., 846 P.2d 370 (Okla. 1993). “Pleadings are defined in 12 O.S.1991 § 2007(A). See Morse v. Earnest, Inc.”
Eaves v. Eaves, 2000 OK CIV APP 90, 14 P.3d 573. · cites it 2× “12 O.S.1991, § 2007(A); DeBoer v. Village of Oak Park, 90 F.”
Osage Nation v. Bd. of Commissioners of Osage Cnty. & Osage Nation v. Osage Cnty. Bd. of Adjustment, 2017 OK 34. · cites it 3× “¶14 Some motions may be made orally pursuant to 12 O.S. § 2007. 16 Applying a similar procedural rule in federal courts allows an oral motion when the substance of a motion and its context show that advance notice of the motion should not be required.”
Show all 13 citing cases →
Okla. Stat. tit. 12, § 2007(A): 6 cases
Ward Petroleum Corp. v. Stewart, 2003 OK 11, 64 P.3d 1113. “Accordingly, a related tort claim may only be asserted in the same case by a petition under 12 O.S.2001, § 2007(A). While the Defendants in the case in controversy improperly filed an answer and counter-claim, we leave it to the trial judge in this instance to separate the…”
State v. Torres, 2004 OK 12, 87 P.3d 572. “2d 89, 93 ; 12 O.S.2001 § 2007(A). It is an application to the court for an order.”
Sommer v. Sommer, 1997 OK 123, 947 P.2d 512. “Pleadings are defined in 12 O.S.1991 § 2007(A). Its terms are: A. PLEADINGS.”
Swickey v. Silvey Companies, 1999 OK CIV APP 48, 979 P.2d 266. “The rule requires the record on appeal to include "the pleadings proper as defined by 12 O.S.1991 § 2007(A) ...” The record in this case does not include either the original petition or the Appellee's answer.”
Smith v. State ex rel. Bd. of Regents of Oklahoma State Univ., 846 P.2d 370 (Okla. 1993). “Pleadings are defined in 12 O.S.1991 § 2007(A). See Morse v. Earnest, Inc.”
Okla. Stat. tit. 12, § 2007(B): 2 cases
State v. Torres, 2004 OK 12, 87 P.3d 572. “2d 89, 93 ; 12 O.S.2001 § 2007(A). It is an application to the court for an order.”
Eaves v. Eaves, 2000 OK CIV APP 90, 14 P.3d 573. “12 O.S.1991, § 2007(A); DeBoer v. Village of Oak Park, 90 F.”
Okla. Stat. tit. 12, § 2007(B)(1): 3 cases
Capshaw v. Gulf Ins. Co., 2005 OK 5, 107 P.3d 595. “COCA addressed this issue and held (1) Capshaw's oral motion for a new trial does not meet the § 654 statutory requirement and (2) this procedural scenario does not fall within the "made during a hearing or trial" exception of 12 O.S.2001 § 2007(B)(1). Because Coronado failed to…”
Inhofe v. Wiseman, 772 P.2d 389 (Okla. 1989). “However, a motion made during a hearing is not required to be in writing pursuant to 12 O.S.Supp.1984 § 2007. 4 We are not persuaded by this facet of the petitioner’s argument.”
Osage Nation v. Bd. of Commissioners of Osage Cnty. & Osage Nation v. Osage Cnty. Bd. of Adjustment, 2017 OK 34. “¶14 Some motions may be made orally pursuant to 12 O.S. § 2007. 16 Applying a similar procedural rule in federal courts allows an oral motion when the substance of a motion and its context show that advance notice of the motion should not be required.”
Okla. Stat. tit. 12, § 2007(C): 1 case
Rivenburg v. Ciliberti, 2023 OK 109, 539 P.3d 1262.
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