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After the pretrial hearing, an action may only be dismissed by agreement of the parties or by the court. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice.
Rule 4 - Motions a. Where various objections and defenses have been consolidated pursuant to Section 2012(E) of Title 12, Oklahoma Statutes, the court should hear jurisdictional objections and defenses first. If the court grants a motion on one of the grounds stated therein, the court may pass over other grounds.
On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost.
(2) Response to Motion. Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed. The argument and authorities in support of the response shall be included therein, and no separate brief may be tendered for filing.
Summary judgement can be granted only where there is no dispute as to any material facts, and all inferences in the evidence must be taken in favor of the party opposing the motion" (Hargrave v. Canadian Valley Elec Co-op, Inc., 1990 OK 43, 914, 792 P.
The American Rule is a rule in the U.S. justice system that says two opposing sides in a legal matter must pay their own attorney fees, regardless of who wins the case. The rationale of the rule is that a plaintiff should not be deterred from bringing a case to court for fear of prohibitive costs.
The affidavits that are filed by either party shall be made on personal knowledge, shall show that the affiant is competent to testify as to the matters stated therein, and shall set forth matters that would be admissible in evidence at trial.
shifting statute is a law that applies to specific types of lawsuits and provides that the prevailing party be entitled to recovery of reasonable attorney's fees in addition to any damages recovered.