This bill amends Section 2012 of Title 12 of the Oklahoma Statutes, which pertains to civil procedure, specifically regarding the time frame for defendants to serve an answer to a summons and petition. The bill modifies the response time from the current twenty (20) days to thirty (30) days after service of the summons and petition. Additionally, it allows for a reservation of time that extends the response period to thirty (30) days from the last date for answering, while waiving certain defenses if such a reservation is filed.
The bill also outlines the procedures for presenting defenses and objections, emphasizing that various defenses can be raised either in a responsive pleading or by motion. It clarifies that if a motion to dismiss for failure to state a claim includes matters outside the pleadings, it will be treated as a motion for summary judgment. Furthermore, the bill stipulates that if a motion to dismiss is granted, the court must allow the plaintiff to amend their pleading if the defect can be remedied, and it sets a deadline for filing such amendments. The effective date for this act is November 1, 2026.