Oklahoma Civil Statute of Limitations Laws

The statutes of limitations are time limits imposed by state law for initiating a lawsuit or some other type of civil action. The time begins "tolling" when an injury or other disputed event has happened, but some exceptions exist.

Time limits imposed by statutes of limitations are important for a couple of reasons. First, they prevent potential plaintiffs from threatening someone with a lawsuit indefinitely. Also, they ensure greater integrity of the evidence and a more efficient case.

This article provides a brief overview of the civil statute of limitations laws in the state of Oklahoma.

The Discovery Rule and 'Tolling'

In Oklahoma, the discovery rule allows the statute of limitations for a specific cause of action to begin when the personal injury or damage is discovered rather than when the incident happened. Under the general rule, the limitations period for filing a legal action typically starts at the time of the incident, but this may be extended for cases involving latent injuries or conditions. For instance, in wrongful death cases, the claimant may not know the exact cause of death until later. Also, Oklahoma's tolling provisions can pause the limitations period if the defendant is out of state or unavailable.

Oklahoma Civil Statute of Limitations: At a Glance

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.

The table below shows the main provisions of Oklahoma's civil statute of limitations. See FindLaw's Injury Law Basics section for more information about filing a lawsuit.

Injury to person

Two years (Okla. Stat. tit. 12 § 95(3))

Defamation (libel/slander)

One year (Okla. Stat. tit. 12 § 95(4))

Fraud

Two years (Okla. Stat. tit. 12 § 95(3))

Injury to personal property

Two years (Okla. Stat. tit. 12 § 95(3))

Professional malpractice

Two years (Okla. Stat. tit. 12 § 95(3))

Trespass

Two years (Okla. Stat. tit. 12 § 95(3))

Collection of rents
  • Written: Five years (Okla. Stat. tit. 12 § 95(1))
  • Oral: Three years (Okla. Stat. tit. 12 § 95(2))
Contracts
  • Written: Five years (Okla. Stat. tit. 12 § 95(1))
  • Oral: Three years (Okla. Stat. tit. 12 § 95(2))
Collection of debt on account
  • Written: Five years (Okla. Stat. tit. 12 § 95(1))
  • Oral: Three years (Okla. Stat. tit. 12 § 95(2))
Judgments

Three years for foreign judgment (Okla. Stat. tit. 12 § 95(2))

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

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Oklahoma Civil Statute of Limitations: Related Resources

Learn More About Oklahoma Civil Statute of Limitations Laws from a Lawyer

Oklahoma statutes of limitations in civil cases can vary. Whether you are filing a premises liability case in Tulsa or a product defect claim in Oklahoma City, time is of the essence when deciding whether to file your case. If you want to know if you have a valid legal claim and ensure that it's filed on time, you should contact an Oklahoma litigation attorney for legal advice today.

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