Can Non-U.S. Citizens File a Lawsuit in Oklahoma?
TLDR: A non-U.S. citizen can file a lawsuit in Oklahoma.
The law of Oklahoma states that "any person" may sue or be sued, regardless of their citizenship status or country of origin. This can be especially helpful for those living in Oklahoma but not holding U.S. citizenship. Specific laws protect non-citizens from being sued or filing lawsuits federally due to their lack of citizenship status. Here we will discuss this law's details and what it means for non-U.S. citizens living in Oklahoma.
Oklahoma Rules of Civil Procedure
The rules and regulations surrounding non-U.S. citizens filing lawsuits in Oklahoma are within the state's Rules of Civil Procedure. Under Section 2017, "any person" can sue or be sued under state law regardless of their country of origin or legal standing when it comes to U.S. citizenship status. In other words, if you do not hold U.S. citizenship, you can still file a lawsuit in Oklahoma. Make sure your claim is valid and relevant to the state government's laws and regulations for civil matters (criminal matters may differ).
Federal Lawsuits for Non-Citizens Living in Oklahoma
If you are a non-citizen living within Oklahoma borders, you may file a lawsuit in federal court.
The "law of domicile" states that one's capacity, legally speaking, depends on where one lives rather than one's U.S. citizenship status when pursuing a federal suit against another party in court. Federal law dictates that the capacity to sue depends on domicile - where one resides and not necessarily on citizenship status. So even though a non-citizen does not hold legal standing federally, they can still pursue claims within Oklahoma state borders. Just be sure to meet all other requirements, such as jurisdiction and venue standards set by federal laws concerning civil suits/claims against another party.
Wrapping it up
All non-citizens living within Oklahoma state borders need to understand how Oklahoman Law works; the Oklahoma Rules Of Civil Procedure dictate who can sue another party. In contrast, Federal Law dictates that your capacity, legally speaking, depends on where you reside (also known as the 'law of domicile'). With this knowledge, stand up and do not be afraid to take legal action.
Need help navigating this complicated legal process? At Ed White Law, we are committed to protecting your rights. Contact us today if you have been injured by someone and need legal help. Our team can help you navigate the complex world of civil lawsuits and get you the help you need.