Responsibe Image

Raccoon Technologies Incorporated

August 19 2022 - §§ opensans

LIMITATIONS ON A MOTION AND HEARING RULING - OKLAHOMA CIVIL PROCEDURE

The following is not legal advice, and for academic and anti-fraud dispute only

§12-1433. Time limits for hearing on motion to dismiss.
A. A hearing on a motion filed pursuant to Section 3 of the
Oklahoma Citizens Participation Act shall be set no later than sixty
(60) days after the date of service of the motion unless the docket
conditions of the court require a later hearing, upon a showing of
good cause, or by agreement of the parties, but in no event shall the
hearing occur more than ninety (90) days after service of the motion
to dismiss, except as provided by subsection C of this section.
B. In the event that the court cannot hold a hearing in the time
required by subsection A of this section, the court may take judicial
notice that court docket conditions required a hearing at a later
date, but in no event shall the hearing occur more than ninety (90)
days after service of the motion to dismiss, except as provided by
subsection C of this section.
C. If the court allows discovery under subsection B of Section 6
of this act, the court may extend the hearing date to allow discovery
under that subsection, but in no event shall the hearing occur more
than one hundred twenty (120) days after the service of the motion to
dismiss.
Added by Laws 2014, c. 107, § 4, eff. Nov. 1, 2014.

§12-1434. Time limit for ruling on motion – Standard of proof.
A. The court shall rule on a motion filed pursuant to Section 3
of the Oklahoma Citizens Participation Act no later than thirty (30)
days following the date of the hearing on the motion.
B. Except as provided by subsection C of this section, on the
motion of a party filed pursuant to Section 3 of this act, a court
shall dismiss a legal action against the moving party if the moving
party shows by a preponderance of the evidence that the legal action
is based on, relates to or is in response to the party's exercise of:
Oklahoma Statutes - Title 12. Civil Procedure Page 271
1. The right of free speech;
2. The right to petition; or
3. The right of association.
C. The court shall not dismiss a legal action under this section
if the party filing the legal action establishes by clear and
specific evidence a prima facie case for each essential element of
the claim in question.
D. Notwithstanding the provisions of subsection C of this
section, the court shall dismiss a legal action against the moving
party if the moving party establishes by a preponderance of the
evidence each essential element of a valid defense to the nonmovant's
claim.
Added by Laws 2014, c. 107, § 5, eff. Nov. 1, 2014.

See also: Oklahoma - CIVIL PROCEDURE
See also: Texas - CIVIL PROCEDURE

What is a Motion? Wikipedia

Copyright © 2022 RACCOON TECHNOLOGIES INCORPORATED. All rights reserved.

Responsibe Image