Rule Text
Except as provided in Section 684.1 of this title, an action may be dismissed, without prejudice to a future action:
1. By the plaintiff, before the final submission of the case to the jury, or to the court, where the trial is by the court;
2. By the court, where the plaintiff fails to appear on the trial;
3. By the court, for the want of necessary parties;
4. By the court, on the application of some of the defendants, where there are others whom the plaintiff fails to prosecute with diligence;
5. By the court, for disobedience by the plaintiff of an order concerning the proceedings in the action; and
6. In all other cases, upon the trial of the action, the decision must be upon the merits.
Amendment history: R.L.1910, § 5125. Amended by Laws 2004, c. 368, § 3, eff. Nov. 1, 2004; Laws 2013, 1st Ex.Sess., c. 13, § 2; Laws 2013, 1st Ex.Sess., c. 13, § 3. NOTE: Laws 2009, c. 228, § 5 was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed by Laws 2013, 1st Ex.Sess., c. 13, § 1.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
Here's what this rule means for people involved in a lawsuit.
If you filed the lawsuit (you're the plaintiff), you can drop your own case at any time before it goes to the jury or judge for a final decision. When you drop it this way, it doesn't count against you. You can usually file the same lawsuit again later.
The court can also end your case without it counting as a final loss in a few situations. This happens if you don't show up for trial, if you're missing people from the case who need to be included, if you're dragging your feet on pursuing claims against certain defendants while other defendants want the case to move forward, or if you ignore a court order about how the case should proceed.
Outside of these specific situations, when a case goes to trial, the result has to be a real decision on the actual facts and legal issues. This matters because it affects whether you can bring the same claim again. A dismissal under the situations listed above generally leaves the door open to refile. But a decision made on the merits after trial is final and normally cannot be brought again.
