§ 98.Absence Or Flight of Defendant - Effect of Other Laws

Chapter 3: Limitations of Actions · Last amended October 1, 1980 · Last verified August 3, 2026

In one sentenceSection 98 stops the limitations clock while a defendant is out of state or concealed, unless Oklahoma's long-arm or substituted-service statutes would let the courts reach that defendant anyway.

Full Text of § 98

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When a cause of action accrues against a person and that person is out of the state or has concealed himself, the period limited for the commencement of the action shall not begin to run until he comes into the state, or while he is concealed. If, after a cause of action accrues against a person and that person leaves the state or conceals himself, the time of his absence or concealment shall not be computed as any part of the period within which the action must be brought. Provided, however, that if any statute which extends the exercise of personal jurisdiction of courts over a person or corporation based upon service outside this state, or based upon substituted service upon an official of this or any other state or nation, or based upon service by publication permits the courts of this state to acquire personal jurisdiction over the person, the period of his absence or concealment shall be computed as part of the period within which the action must be brought.

End

Amendment History

R.L. 1910, § 4660; Amended by Laws 1970, SB 558, c. 76, §1, emerg. eff. 3/20/1970; Amended by Laws 1980, HB 1492, c. 31, §1, eff. 10/1/1980.

Plain-English Summary

If a defendant is out of state, or hiding, when a cause of action accrues against them, or leaves or hides afterward, the limitations period doesn't run during that absence or concealment. Once the defendant comes back into the state, or stops concealing, the clock resumes.

But the section carves out its own exception: if a statute lets Oklahoma courts get personal jurisdiction over the defendant anyway, through service outside the state, substituted service on an official, or service by publication, then the time the defendant spent absent or concealed counts toward the limitations period after all. The plaintiff had a way to sue regardless, so the clock keeps running.

Frequently Asked Questions

Does the statute of limitations keep running while a defendant hides or leaves Oklahoma?

Generally no; Section 98 stops the clock while the defendant is out of state or concealed.

Is there an exception to this tolling rule?

Yes; if a long-arm statute would let the courts get personal jurisdiction over the defendant through service outside the state, substituted service, or service by publication, that time counts toward the limitations period after all.

What happens once the defendant returns to Oklahoma or stops hiding?

The limitations period resumes running from that point, subject to the long-arm exception.

Does this section address a plaintiff who leaves the state?

No, the text addresses only the defendant's absence or concealment.

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 tolling defendant absent from state12 O.S. § 98defendant concealment statute of limitations Oklahomalong-arm exception tolling Oklahoma