§ 95.Limitation of Other Actions

Chapter 3: Limitations of Actions · Last amended November 1, 2017 · Last verified August 3, 2026

In one sentenceSection 95 sets the limitations periods for civil actions other than real-property recovery: five years for written contracts, three for oral contracts, two for most torts and fraud, one for defamation and false imprisonment, and specialized periods for childhood sexual abuse, paternity, prisoner, and catch-all claims.

Full Text of § 95

Text sizeJump to: (A) (B)

A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards:

1. Within five (5) years: An action upon any contract, agreement, or promise in writing;

2. Within three (3) years: An action upon a contract express or implied not in writing; an action upon a liability created by statute other than a forfeiture or penalty; and an action on a foreign judgment;

3. Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud - the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud;

4. Within one (1) year: An action for libel, slander, assault, battery, malicious prosecution, or false imprisonment; an action upon a statute for penalty or forfeiture, except where the statute imposing it prescribes a different limitation;

5. An action upon the official bond or undertaking of an executor, administrator, guardian, sheriff, or any other officer, or upon the bond or undertaking given in attachment, injunction, arrest, or in any case whatever required by the statute, can only be brought within five (5) years after the cause of action shall have accrued;

6. An action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse incidents or exploitation as defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes or incest against the actual perpetrator shall be commenced by the forty-fifth birthday of the alleged victim. If the person committing the act of sexual abuse against a child was employed by an institution, agency, firm, business, corporation or other public or private legal entity that owed a duty of care to the victim, or the accused and the child were engaged in some activity over which the legal entity had some degree of responsibility or control, the action must be brought against such employer or legal entity within two (2) years; provided, that the time limit for commencement of an action pursuant to this paragraph is tolled for a child until the child reaches the age of eighteen (18) years. No action may be brought against the alleged perpetrator or the estate of the alleged perpetrator after the death of such alleged perpetrator, unless the perpetrator was convicted of a crime of sexual abuse involving the claimant. An action pursuant to this paragraph must be based upon objective verifiable evidence in order for the victim to recover damages for injuries suffered by reason of such sexual abuse, exploitation, or incest. The victim need not establish which act in a series of continuing sexual abuse incidents, exploitation incidents, or incest caused the injury complained of;

7. An action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of criminal actions, as defined by the Oklahoma Statutes, may be brought against any person incarcerated or under the supervision of a state, federal or local correctional facility on or after November 1, 2003:

a. at any time during the incarceration of the offender for the offense on which the action is based, or

b. within five (5) years after the perpetrator is released from the custody of a state, federal or local correctional facility, if the defendant was serving time for the offense on which the action is based;

8. An action to establish paternity and to enforce support obligations can be brought any time before the child reaches the age of eighteen (18);

9. An action to establish paternity can be brought by a child in accordance with Section 7700-606 of Title 10 of the Oklahoma Statutes;

10. Court-ordered child support is owed until it is paid in full and it is not subject to a statute of limitations;

11. All actions filed by an inmate or by a person based upon facts that occurred while the person was an inmate in the custody of one of the following:

a. the State of Oklahoma,

b. a contractor of the State of Oklahoma, or

c. a political subdivision of the State of Oklahoma, to include, but not be limited to, the revocation of earned credits and claims for injury to the rights of another, shall be commenced within one (1) year after the cause of action shall have accrued; and

12. An action for relief, not hereinbefore provided for, can only be brought within five (5) years after the cause of action shall have accrued.

B. Collection of debts owed by inmates who have received damage awards pursuant to Section 566.1 of Title 57 of the Oklahoma Statutes shall be governed by the time limitations imposed by that section.

End

Amendment History

Amended by Laws 2017, c. 378, s. 1, eff. 11/1/2017. Amended by Laws 2017, c. 221, s. 1, eff. 11/1/2017. R.L. 1910, § 4657; Amended by Laws 1953, HB 974, c. 3, § 1, emerg. eff. 6/1/1953; Amended by Laws 1961, HB 558, c.3a, §1; Amended by Laws 1971, SB 156, c. 316, §3, emerg. eff. 6/24/1971; Amended by Laws 1992, SB 1914, c. 344, § 1, eff. 9/1/1992; Amended by Laws 1994, HB 1492, c. 356, § 11, eff. 9/1/1994; Amended by Laws 1996, SB 1175, c. 233, §1, eff. 11/1/1996; Amended by Laws 2002, HB 2416, c. 402, §1, emerg. eff. 7/1/2002; Amended by Laws 2004, SB 1397, c. 168, §1, eff. 11/1/2004 (effective date changed to 4/27/2004, by Laws 2004, HB 2205 (2d), c. 382, §4, eff. 6/3/2004); Amended by Laws 2005, HB 1623, c. 159, §1, emerg. eff. 5/10/2005; Amended by Laws 2008, SB 1923, c. 99, §4, eff. 11/1/2008; Amended by Laws 2009, HB 2029, c. 234, §111, emerg. eff. 5/21/2009.

Note

Laws 2004, c. 168, § 18, providing for an effective date of Nov. 1, 2004, was repealed by Laws 2004, c. 382, § 4, emerg. eff. June 3, 2004.

Plain-English Summary

The general periods run, shortest exceptions aside, from five years down to one: five years on a written contract, agreement, or promise, and on an official or surety bond; three years on an oral contract, a statutory liability that isn't a penalty, or a foreign judgment; two years for trespass to real property, injury to or detention of personal property, injury to another's rights not arising on contract, and fraud, where the clock starts at discovery of the fraud rather than at the wrongful act itself; one year for libel, slander, assault, battery, malicious prosecution, false imprisonment, and a statutory penalty or forfeiture unless the statute imposing it says otherwise.

Several categories get their own rules. A childhood sexual abuse, exploitation, or incest claim against the perpetrator must be brought by the victim's forty-fifth birthday; a claim against a responsible employer or institution instead runs two years, tolled until the child turns eighteen, and no claim survives against a deceased perpetrator's estate unless that perpetrator was convicted of the abuse. A claim against someone incarcerated for a criminal act may be brought anytime during that incarceration or within five years after release. Paternity and child-support actions can be brought anytime before the child turns eighteen, and court-ordered child support carries no limitations period at all — it's owed until paid. Claims by inmates against the state, a state contractor, or a political subdivision, including claims over revoked earned credits, get one year. Anything else gets the five-year catch-all in paragraph 12.

The history behind this section runs deep, back to the 1910 Revised Laws, with more than a dozen amendments since. The compiler's note flags one wrinkle from 2004: a law setting a November 1, 2004 effective date was itself repealed before it took effect, replaced by an amendment effective that June.

Frequently Asked Questions

How long do I have to sue on a written contract in Oklahoma?

Five years from when the cause of action accrues.

What's the deadline for a personal injury or fraud claim?

Most non-contract injury claims, including fraud, must be brought within two years; a fraud claim's clock starts running when the fraud is discovered, not when it happened.

Is there a special deadline for childhood sexual abuse claims?

Yes; a victim must sue the perpetrator by their forty-fifth birthday, and a claim against a responsible employer or institution is tolled until the child turns eighteen and then must be brought within two years.

Does child support ever expire under this statute?

No, Section 95(A)(10) says court-ordered child support is owed until paid in full and isn't subject to any statute of limitations.

What if my claim isn't covered by any of the listed categories?

Section 95(A)(12) gives a five-year catch-all period for actions not otherwise addressed.

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

Also known as: Oklahoma statute of limitations contract claimhow long to sue for fraud Oklahoma12 O.S. § 95childhood sexual abuse statute of limitations Oklahoma