§ 1101.Offer to Allow Judgment to Be Taken

Chapter 19: Miscellaneous Proceedings · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1101 lets a defendant in a money-only action offer, before trial, to allow judgment for a stated sum, and if the plaintiff rejects it and later recovers less than the offer, the plaintiff must pay the defendant's costs from the date of the offer.

Full Text of § 1101

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The defendant, in an action for the recovery of money only, may, at any time before the trial, serve upon the plaintiff or his attorney an offer, in writing, to allow judgment to be taken against him for the sum specified therein. If the plaintiff accept the offer and give notice thereof to the defendant or his attorney, within five days after the offer was served, the offer, and an affidavit that the notice of acceptance was delivered within the time limited, may be filed by the plaintiff, or the defendant may file the acceptance, with a copy of the offer, verified by affidavit; and in either case, the offer and acceptance shall be noted in the journal, and judgment shall be rendered accordingly. If the notice of acceptance be not given in the period limited, the offer shall be deemed withdrawn, and shall not be given in evidence or mentioned on the trial. If the plaintiff fails to obtain judgment for more than was offered by the defendant, he shall pay the defendant's costs from the time of the offer.

End

Amendment History

R.L. 1910, § 5301.

Plain-English Summary

Before trial, a defendant being sued for money can serve the plaintiff a written offer to let judgment be entered against the defendant for a specified sum. If the plaintiff accepts and gives notice within five days, the offer and acceptance get filed and noted, and judgment follows accordingly. Miss that five-day window, and the offer is deemed withdrawn — it can't be brought up or used as evidence at trial.

The offer carries a cost consequence even when it's never accepted: if the plaintiff goes to trial and doesn't recover more than the amount offered, the plaintiff has to pay the defendant's costs incurred from the time of the offer onward.

Frequently Asked Questions

How long does a plaintiff have to accept a defendant's offer to allow judgment?

Five days after the offer is served, with notice of acceptance given to the defendant within that same window.

What happens if the plaintiff doesn't accept the offer within five days?

The offer is deemed withdrawn and can't be mentioned or offered as evidence at trial.

What if the plaintiff rejects the offer and then recovers less than it at trial?

The plaintiff must pay the defendant's costs incurred from the time the offer was made.

Does this old offer procedure still coexist with Oklahoma's modern offer-of-judgment statute?

Yes — Section 1101.1 added a broader, more detailed offer-of-judgment and counteroffer scheme covering personal injury, wrongful death, and other civil actions, alongside this original provision.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

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