NOTICE OF RIGHT TO DEFEND ACTION In an action for breach of an obligation for which a third person is answerable over pursuant to this article or Article 4 of this title, the defendant may give the third person notice of the litigation in a record, and the person notified may then give similar notice to any other person who is answerable over. If the notice states (i) that the person notified may come in and defend and (ii) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend. Added by Laws 1961, p. 106, § 3-119. Amended by Laws 1991, c. 117, § 44, eff. Jan. 1, 1992; Laws 2009, c. 208, § 5, eff. Nov. 1, 2009. NOTE: Laws 2008, c. 382, § 5 was held unconstitutional by the Oklahoma Supreme Court in the case of Weddington v. Henry, 202 P.3d 143, 2008 OK 102 (2009) and repealed by Laws 2009, c. 208, § 22, eff. Nov. 1, 2009.
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