This form is used by the plaintiff to respond to affirmative defenses raised by the defendant in a personal injury action.
Oklahoma General Response to Affirmative Matter
State:
Multi-State
Control #:
US-PI-0022
Format:
Word;
Rich Text
Instant download
Description
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FAQ
I have been named as a defendant in a case, but cannot find an attorney. What do I do? As stated on the summons you received when the complaint was served on you, you have 21 days in which to file an Answer.
In most instances, Oklahoma plaintiffs have a two-year limit from the date of the incident in which to file a lawsuit. Exceptions include defamation (libel or slander) at one year, five years for rent and debt collection or written contracts, and three years for judgments and oral contracts.
App. 3d 950, 954.) Similarly, in federal court, Rule 11 requires that you have a good faith basis for believing an affirmative defense actually applies before pleading it, and in discovery you will likely need to respond to an interrogatory identifying all factual bases for every affirmative defense you plead.
Requests for production of documents compel the opposing party to produce certain documents in his/her control. Like interrogatories, the response to this request must be provided within 30 days except the Respondent does not have to response any sooner than 45 days from the service of the petition and summons.
A response shall be filed within fifteen (15) days of filing of the following motions: (1) Motion to stay or suspend a judgment; (2) Motion to dismiss an appeal on jurisdictional grounds; (3) Motion for attorney's fees; and (4) Motion for judgment on supersedeas bond.
Title 12 Section 936 of the Oklahoma Statutes provides as follows: "In any civil action to recover on an open account the prevailing party shall be allowed a reasonable attorney fee to be set by the court to be taxed and collected as costs."
FRCP Rule 12(b) pertains to pretrial motions, and 12(b)(6) specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law.