Legal Question in Civil Litigation in Oklahoma

Re: dismissal hearing

Yes. I would recommend that you do both.

If someone else is the moving party requesting this dismissal, you should file a petition, before the court date, stating why the case shouldn't be dismissed.

If you are the moving party and another party is trying to get the case dismissed, then I recommend that you file a petition, before the hearing, stating why they shouldn't get the case dismssed.

Either way, always provide an answer to ANY petition and make sure you keep a stamped court copy. Send a stamped copy to the moving party and forward a stamped copy to the judge before this scheduled hearing occurs. This is for your legal and civil protection, particularly if it is dismissed without prejudice you may need to reopen the case at a later date. The court clerk with assist you with filing and stamping your answer.

Additionally, this petition should say "Answer To Petition" and make sure it is formatted appropriately with your case numbers.