HB 3697 — Civil procedure; defenses and objections; pleading or motion; defendant; answer; effective date.

HOUSEENGROSSED OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 2nd Session of the 60th Legislature (2026) HOUSE BILL 3697NO. By:

Gise3697 ofBy: the House and Howard of the Senate 8 AS INTRODUCED An Act relating to civil procedure;

Gise of the House and Howard of the Senate 5 7 An Act relating to civil procedure;

HB3697 HFLR Page 1 BOLD FACE denotes Committee Amendments.

provided,ENGR. a defendant may file a reservation of time which shall extend the time to respond twenty (20) thirty (30) days from the last date for answering.

H.

B.

NO.

3697 Page 1 provided, a defendant may file a reservation of time which shall extend the time to respond twenty (20) thirty (30) days from the last date for answering.

HB3697 HFLR Page 2 BOLD FACE denotes Committee Amendments.

ENGR.

H.

NO.

3697 Page 2 B.

If a pleading sets forth a HB3697claim HFLRfor Pagerelief 3to BOLDwhich FACEthe denotesadverse Committeeparty Amendments.is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.

claimIf, foron relief to which the adverse party is not required to serve a responsivemotion pleading,asserting the adverse party may assert at the trial any defense innumbered law6 orof factthis subsection to thatdismiss claim for relief.ENGR.

If,H. on a motion asserting the defense numbered 6 of this subsection to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and all parties shall be given reasonable opportunity to present all material made pertinent to the motion by the rules for summary judgment.

B.

NO.

3697 Page 3 failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and all parties shall be given reasonable opportunity to present all material made pertinent to the motion by the rules for summary judgment.

If the court determines that venue is proper, the action shall not be dismissed for improper venue as a result of the jury's verdict or HB3697the HFLRsubsequent Pageruling 4of BOLDthe FACEcourt denoteson Committeea Amendments.demurrer to the evidence or a motion for a directed verdict.

the subsequent ruling of the court on a demurrer to the evidence or a motion for a directed verdict.

Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by this act, upon motion made by a party within twenty (20) days afterENGR. the service of the pleading upon the party or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense.

H.

B.

NO.

3697 Page 4 after the service of the pleading upon the party or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense.

The court in its discretion may permit a party to amend a motion by stating additional defenses or objections HB3697if HFLRan Pageamendment 5is BOLDsought FACEat denotesleast Committeefive Amendments.(5) days before the hearing on the motion.

if an amendment is sought at least five (5) days before the hearing on the motion.

A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process,ENGR. failure to state a claim upon which relief can be granted, or lack of capacity of a party to be sued is waived:

H.

B.

NO.

3697 Page 5 process, failure to state a claim upon which relief can be granted, or lack of capacity of a party to be sued is waived:

HB3697 HFLR Page 6 BOLD FACE denotes Committee Amendments.

A waiver of the defense in paragraph 6 of subsection B of this section does not preclude a later contention that a party is notENGR. entitled to any relief as a matter of law, either by motion for summary judgment, or by demurrer or motion at or after trial.

H.

B.

NO.

3697 Page 6 not entitled to any relief as a matter of law, either by motion for summary judgment, or by demurrer or motion at or after trial.