Oklahoma 2026 Regular Session Status: Passed House 2 R cosponsors

HB 2138 — Civil procedure; defense and objections default judgements; communication; hearing for damages; postjudgment; effective date.

Last action — Placed on General Order

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House. Introduced February 03, 2025. It now moves to the second chamber.

Signed by Governor Kevin Stitt (Republican) on March 12, 2025.

Next likely step: consideration and a floor vote in the Senate.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed House

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

381 added · 376 removed

Plain-language change summary

The recent amendment to Bill HB 2138 clarifies and simplifies the language regarding how and when a defendant must respond in civil cases. It specifies that a defendant should serve an answer within twenty days after being served, which helps to establish a clear timeline for legal proceedings. This change is important because it ensures that all parties involved understand their responsibilities and timelines, potentially reducing delays in the judicial process.

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Latest
HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
ENGROSSED HOUSE BILL NO.
Kannady of the House and Rosino of the Senate 9 COMMITTEE SUBSTITUTE An Act relating to civil procedure;
Kannady of the House and Rosino of the Senate 5 An Act relating to civil procedure;
BY PLEADING OR MOTION HB2138 HFLR Page 1 BOLD FACE denotes Committee Amendments.
BY PLEADING OR MOTION A.
A.
within twenty (20) days after the service of the summons and petition upon the defendant, or within the last day for answering if applicable;
within twenty (20) days after the service of the summons and petition upon the defendant, or within the ENGR.
H.
B.
NO.
2138 Page 1 last day for answering if applicable;
HB2138 HFLR Page 2 BOLD FACE denotes Committee Amendments.
ENGR.
H.
NO.
2138 Page 2 B.
No defense or objection is HB2138 HFLR Page 3 BOLD FACE denotes Committee Amendments.
No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion.
waived by being joined with one or more other defenses or objections in a responsive pleading or motion.
If, 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.
If, on a motion asserting the defense numbered 6 of this subsection to dismiss for ENGR.
H.
B.
NO.
2138 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 HB2138 HFLR Page 4 BOLD FACE denotes Committee Amendments.
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 the subsequent ruling of the court on a demurrer to the evidence or a motion for a directed verdict.
dismissed for improper venue as a result of the jury's verdict or 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 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.
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 ENGR.
H.
B.
NO.
2138 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 HB2138 HFLR Page 5 BOLD FACE denotes Committee Amendments.
The court in its discretion may permit a party to amend a motion by stating additional defenses or objections if an amendment is sought at least five (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, failure to state a claim upon which relief can be granted, or lack of capacity of a party to be sued is waived:
A defense of lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of ENGR.
H.
B.
NO.
2138 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:
HB2138 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 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.
A waiver of the defense in paragraph 6 of subsection B of this section does not preclude a later contention that a party is ENGR.
H.
B.
NO.
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2138 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.
Nothing in any provision of this title or in any local or district court rule shall be construed to require either a motion or a hearing for default judgment, and no notice shall be necessary, if, after service of summons and petition, a defendant fails to timely file with the court clerk within twenty (20) days a HB2138 HFLR Page 7 BOLD FACE denotes Committee Amendments.
Nothing in any provision of this title or in any local or district court rule shall be construed to require either a motion or a hearing for default judgment, and no notice shall be necessary, if, after service of summons and petition, a defendant fails to timely file with the court clerk within twenty (20) days a written appearance, answer, motion, pleading, or response as provided in subsection A of this section.
written appears, answer, motion, pleading, or response as provided in subsection A of this section.
Contact or communication with the plaintiff or attorney of the plaintiff shall not constitute an appearance, answer, motion, pleading, or response unless the contact or communication is in writing and is also timely filed by ENGR.
Contact or communication with the plaintiff or attorney of the plaintiff shall not constitute an appearance, answer, motion, pleading, or response unless the contact or communication is in writing and is also timely filed by the defendant in writing with the court clerk as provided in subsection A of this section.
H.
B.
NO.
2138 Page 7 the defendant in writing with the court clerk as provided in subsection A of this section.
Costs and attorney fees allowed by the court shall bear interest from the earlier of the date the judgment or order is pronounced, if expressly stated in the written judgment or order HB2138 HFLR Page 8 BOLD FACE denotes Committee Amendments.
Costs and attorney fees allowed by the court shall bear interest from the earlier of the date the judgment or order is pronounced, if expressly stated in the written judgment or order awarding the costs and attorney fees, or the date the judgment or order is filed with the court clerk.
awarding the costs and attorney fees, or the date the judgment or order is filed with the court clerk.
Judgments, including costs and attorney fees authorized by statute or otherwise and allowed by the court, against this state or its political subdivisions, including counties, municipalities, school districts, and public trusts of which this state or a political subdivision of this state is a beneficiary, shall bear interest during the term of judgment at a rate prescribed pursuant to this section from the date of rendition.
Judgments, including costs and attorney fees authorized by statute or otherwise and allowed by the court, against this state or its political subdivisions, including counties, municipalities, school districts, and public trusts of which this state or a ENGR.
H.
B.
NO.
2138 Page 8 political subdivision of this state is a beneficiary, shall bear interest during the term of judgment at a rate prescribed pursuant to this section from the date of rendition.
Beginning on January 1 of the next succeeding calendar year until the end of that calendar year, or HB2138 HFLR Page 9 BOLD FACE denotes Committee Amendments.
Beginning on January 1 of the next succeeding calendar year until the end of that calendar year, or until the judgment is paid, whichever first occurs, the judgment, together with postjudgment interest previously accrued, shall bear interest at the rate in effect for judgments rendered during that calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.
until the judgment is paid, whichever first occurs, the judgment, together with postjudgment interest previously accrued, shall bear interest at the rate in effect for judgments rendered during that calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.
For each succeeding calendar year, or part of a calendar year, during which a ENGR.
For each succeeding calendar year, or part of a calendar year, during which a judgment remains unpaid, the judgment, together with postjudgment interest previously accrued, shall bear interest at the rate in effect for judgments rendered during that calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.
H.
B.
NO.
2138 Page 9 judgment remains unpaid, the judgment, together with postjudgment interest previously accrued, shall bear interest at the rate in effect for judgments rendered during that calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.
The rate of interest shall not exceed the lawful rate for HB2138 HFLR Page 10 BOLD FACE denotes Committee Amendments.
The rate of interest shall not exceed the lawful rate for that obligation.
that obligation.
Except as provided by subsection F of this section, beginning November 1, 2009, if a verdict for damages by reason of personal injuries or injury to personal rights including, but not limited to, injury resulting from bodily restraint, personal insult, defamation, invasion of privacy, injury to personal relations, or detriment due to an act or omission of another is accepted by the trial court, the court in rendering judgment shall add interest on the verdict at a rate prescribed pursuant to subsection I of this section from the date which is twenty-four (24) months after the suit resulting in the judgment was commenced to the earlier of the date the verdict is accepted by the trial court as expressly stated in the judgment, or the date the judgment is filed with the court clerk.
Except as provided by subsection F of this section, beginning November 1, 2009, if a verdict for damages by reason of ENGR.
H.
B.
NO.
2138 Page 10 personal injuries or injury to personal rights including, but not limited to, injury resulting from bodily restraint, personal insult, defamation, invasion of privacy, injury to personal relations, or detriment due to an act or omission of another is accepted by the trial court, the court in rendering judgment shall add interest on the verdict at a rate prescribed pursuant to subsection I of this section from the date which is twenty-four (24) months after the suit resulting in the judgment was commenced to the earlier of the date the verdict is accepted by the trial court as expressly stated in the judgment, or the date the judgment is filed with the court clerk.
This rate shall be in effect until the end of the calendar year in which interest begins to accrue or until the date HB2138 HFLR Page 11 BOLD FACE denotes Committee Amendments.
This rate shall be in effect until the end of the calendar year in which interest begins to accrue or until the date judgment is filed, whichever first occurs.
judgment is filed, whichever first occurs.
Beginning on January 1 of the next succeeding calendar year until the end of that calendar year, or until the date the judgment is filed, whichever first occurs, and for each succeeding calendar year thereafter, the prejudgment interest rate shall be the rate in effect for judgments rendered during each calendar year as certified by the ENGR.
Beginning on January 1 of the next succeeding calendar year until the end of that calendar year, or until the date the judgment is filed, whichever first occurs, and for each succeeding calendar year thereafter, the prejudgment interest rate shall be the rate in effect for judgments rendered during each calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.
H.
B.
NO.
2138 Page 11 Administrative Director of the Courts pursuant to subsection I of this section.
The interest rate for computation of prejudgment interest shall begin with the rate prescribed by subsection I of this section which is in HB2138 HFLR Page 12 BOLD FACE denotes Committee Amendments.
The interest rate for computation of prejudgment interest shall begin with the rate prescribed by subsection I of this section which is in effect for the calendar year in which the suit resulting in the judgment is commenced.
effect for the calendar year in which the suit resulting in the judgment is commenced.
Beginning on January 1 of the next succeeding calendar year until the end of that calendar year, or until the date judgment is rendered, whichever first occurs, and for each succeeding calendar year thereafter, the prejudgment interest rate shall be the rate in effect for judgments rendered during each calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.
Beginning on January 1 of the next succeeding calendar year until the end of that calendar ENGR.
H.
B.
NO.
2138 Page 12 year, or until the date judgment is rendered, whichever first occurs, and for each succeeding calendar year thereafter, the prejudgment interest rate shall be the rate in effect for judgments rendered during each calendar year as certified by the Administrative Director of the Courts pursuant to subsection I of this section.
HB2138 HFLR Page 13 BOLD FACE denotes Committee Amendments.
If exemplary or punitive damages are awarded in an action for personal injury or injury to personal rights including, but not limited to, injury resulting from bodily restraint, personal insult, defamation, invasion of privacy, injury to personal relations, or detriment due to an act or omission of another, the interest on that award shall begin to accrue from the earlier of the date the judgment is rendered as expressly stated in the judgment, or the date the judgment is filed with the court clerk.
If exemplary or punitive damages are awarded in an action for personal injury or injury to personal rights including, but not limited to, injury resulting from bodily restraint, personal insult, defamation, invasion of privacy, injury to personal relations, or detriment due to an act or omission of another, the interest on that award shall begin to accrue from the earlier of the date the ENGR.
B.
NO.
2138 Page 13 judgment is rendered as expressly stated in the judgment, or the date the judgment is filed with the court clerk.
H.
For purposes of computing prejudgment interest as authorized by this section, interest shall be determined using a rate equal to the average United States Treasury Bill rate of the preceding calendar year as certified to the Administrative Director of the HB2138 HFLR Page 14 BOLD FACE denotes Committee Amendments.
For purposes of computing prejudgment interest as authorized by this section, interest shall be determined using a rate equal to the average United States Treasury Bill rate of the preceding calendar year as certified to the Administrative Director of the Courts by the State Treasurer on the first regular business day in January of each year.
Courts by the State Treasurer on the first regular business day in January of each year.
Effective January 1, 2005, the method for computing postjudgment interest prescribed by this section shall be applicable to all judgments remaining unpaid rendered prior to January 1, 2005.
Effective January 1, 2005, the method for computing postjudgment interest ENGR.
H.
B.
NO.
2138 Page 14 prescribed by this section shall be applicable to all judgments remaining unpaid rendered prior to January 1, 2005.
COMMITTEE REPORT BY:
Passed the House of Representatives the 11th day of March, 2025.
COMMITTEE ON JUDICIARY AND PUBLIC SAFETY OVERSIGHT, dated 03/04/2025 - DO PASS, As Amended and Coauthored.
Presiding Officer of the House of Representatives Passed the Senate the ____ day of __________, 2025.
HB2138 HFLR Page 15 BOLD FACE denotes Committee Amendments.
Presiding Officer of the Senate ENGR.
H.
B.
NO.
2138 Page 15
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends existing civil procedure laws regarding default judgments and postjudgment interest.

  • 12 O.S. 2021, Section 2012

    Nothing in any provision of this title or in any local or district court rule shall be construed to require either a motion or a hearing for default judgment, and no notice shall be necessary, if, after service of summons and petition, a defendant fails to timely file with the court clerk within twenty (20) days a written appearance, answer, motion, pleading, or response as provided in subsection A of this section. → Nothing in any provision of this title or in any local or district court rule shall be construed to require either a motion or a hearing for default judgment, and no notice shall be necessary, if, after service of summons and petition, a defendant fails to timely file with the court clerk within twenty (20) days a written appearance, answer, motion, pleading, or response as provided in subsection A of this section. Contact or communication with the plaintiff or attorney of the plaintiff shall not constitute an appearance, answer, motion, pleading, or response unless the contact or communication is in writing and is also timely filed by the defendant in writing with the court clerk as provided in subsection A of this section.

    Clarifies that mere contact or communication with the plaintiff does not count as a formal response unless it is a written filing with the court.

  • 12 O.S. 2021, Section 727.1

    with costs and attorney fees authorized by statute or otherwise and allowed by the court, shall bear interest at a rate prescribed pursuant to this section. → including costs and attorney fees authorized by statute or otherwise and allowed by the court, shall bear interest at a rate prescribed pursuant to this section. Such interest shall also apply to the amounts collected on any judgment enforced during the pendency of an appeal which is subsequently overturned on appeal when restitution is paid to the defendant.

    Includes that postjudgment interest applies to amounts collected during an appeal, even if the judgment is later overturned.

Action History

  1. Placed on General Order

  2. Reported Do Pass Judiciary committee; CR filed

  3. Second Reading referred to Judiciary

  4. First Reading

  5. Engrossed, signed, to Senate

  6. Referred for engrossment

  7. Third Reading, Measure passed: Ayes: 83 Nays: 4

  8. General Order

  9. Authored by Senator Rosino (principal Senate author)

  10. CR; Do Pass, amended by committee substitute Judiciary and Public Safety Oversight Committee

  11. Policy recommendation to the Judiciary and Public Safety Oversight committee; Do Pass, amended by committee substitute Civil Judiciary

  12. Referred to Civil Judiciary

  13. Referred to Judiciary and Public Safety Oversight

  14. Withdrawn from Rules Committee

  15. Second Reading referred to Rules

  16. Authored by Representative Kannady

  17. First Reading

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 149 not signed on · 4 voted No

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 83 Yea · 4 Nay · 12 Other
Party YeaNayPresentNot Voting
Republican 67408
Unaffiliated 5002
Democrat 11003
Total 834013
% of votes cast 83%4%0%13%
How each member voted (100)
Member Party Vote
Alonso-Sandoval — Yea
Bennett — Yea
Pittman — Yea
Mr. Speaker — Yea
Lowe (J) — Not Voting
VACANCY: — Not Voting
Crosswhite Hader — Yea
Andy Fugate Democrat Yea
Annie Menz Democrat Yea
Cyndi Munson Democrat Yea
Ellen Pogemiller Democrat Yea
Ellyn Hefner Democrat Yea
Jacob Rosecrants Democrat Not Voting
Jared Deck Democrat Yea
John Waldron Democrat Yea
Melissa Provenzano Democrat Yea
Meloyde Blancett Democrat Not Voting
Michelle McCane Democrat Yea
Mickey Dollens Democrat Yea
Suzanne Schreiber Democrat Not Voting
Trish Ranson Democrat Yea
Anthony Moore Republican Yea
Bob Ed Culver Republican Yea
Brad Boles Republican Yea
Brian Hill Republican Yea
Carl Newton Republican Yea
Chad Caldwell Republican Not Voting
Chris Banning Republican Yea
Chris Kannady Republican Yea
Chris Sneed Republican Yea
Chuck Hall Republican Yea
Clay Staires Republican Yea
Cody Maynard Republican Yea
Collin Duel Republican Yea
Cynthia Roe Republican Yea
Daniel Pae Republican Yea
Danny Sterling Republican Yea
Danny Williams Republican Yea
David Hardin Republican Yea
David Smith Republican Yea
Dell Kerbs Republican Not Voting
Derrick Hildebrant Republican Yea
Dick Lowe Republican Yea
Eddy Dempsey Republican Yea
Emily Gise Republican Yea
Eric Roberts Republican Yea
Erick Harris Republican Yea
Gabe Woolley Republican Nay
George Burns Republican Yea
Gerrid Kendrix Republican Yea
Jack Stewart Republican Not Voting
Jason Blair Republican Yea
Jay Steagall Republican Yea
Jim Grego Republican Yea
Jim Olsen Republican Yea
Jim Shaw Republican Yea
John George Republican Yea
John Kane Republican Yea
John Pfeiffer Republican Yea
Jonathan Wilk Republican Yea
Josh Cantrell Republican Yea
Josh West Republican Not Voting
Judd Strom Republican Yea
Justin Humphrey Republican Yea
Ken Luttrell Republican Yea
Kenton Patzkowsky Republican Yea
Kevin West Republican Yea
Marilyn Stark Republican Yea
Mark Chapman Republican Yea
Mark Lawson Republican Not Voting
Mark Lepak Republican Not Voting
Mark Tedford Republican Yea
Max Wolfley Republican Yea
Mike Dobrinski Republican Yea
Mike Kelley Republican Yea
Mike Lay Republican Yea
Mike Osburn Republican Yea
Molly Jenkins Republican Nay
Neil Hays Republican Yea
Nick Archer Republican Yea
Nicole Miller Republican Yea
Preston Stinson Republican Yea
Rande Worthen Republican Yea
Rick West Republican Nay
Robert Manger Republican Yea
Ronny Johns Republican Not Voting
Ross Ford Republican Not Voting
Rusty Cornwell Republican Yea
Ryan Eaves Republican Yea
Scott Fetgatter Republican Yea
Stacy Jo Adams Republican Yea
Stan May Republican Yea
Steve Bashore Republican Yea
T.J. Marti Republican Yea
Tammy Townley Republican Yea
Tammy West Republican Yea
Tim Turner Republican Yea
Tom Gann Republican Nay
Toni Hasenbeck Republican Yea
Trey Caldwell Republican Yea

Official roll call →

Judiciary And Public Safety Oversight Committee: Do Pass As Amended By Cs

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 10000
Unaffiliated 1000
Democrat 2000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Lowe (J) — Yea
Jacob Rosecrants Democrat Yea
Suzanne Schreiber Democrat Yea
Bob Ed Culver Republican Yea
Chris Kannady Republican Yea
Collin Duel Republican Yea
Danny Sterling Republican Yea
David Hardin Republican Yea
John Kane Republican Yea
Justin Humphrey Republican Yea
Rande Worthen Republican Yea
Robert Manger Republican Yea
Ross Ford Republican Yea

Official roll call →

Civil Judiciary Committee: Do Pass As Amended By Cs

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 7000
Democrat 2000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Jared Deck Democrat Yea
Suzanne Schreiber Democrat Yea
Bob Ed Culver Republican Yea
Chris Kannady Republican Yea
Chris Sneed Republican Yea
Collin Duel Republican Yea
Mike Osburn Republican Yea
Preston Stinson Republican Yea
Tammy West Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2138?
HB 2138 is sponsored by Chris Kannady (Republican) and Paul Rosino (Republican).
What is the current status of HB 2138?
This bill has passed the House. Introduced February 03, 2025. It now moves to the second chamber.
Where can I track HB 2138?
Track HB 2138 free on One Click Politics — get push/email alerts when it moves.

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