Okla. Stat. tit. 12 § 2011.1

Current through Laws 2024, c. 135.
Section 2011.1 - Finding of frivolous claim - Actions not arising out of contract - Award of costs and attorney fees

In any action not arising out of contract, the court may, upon ruling on a motion to dismiss an action or a motion for summary judgment or subsequent to adjudication on the merits, determine whether a claim or defense asserted in the action by a nonprevailing party was frivolous or proven knowingly false. As used in this section, "frivolous" means the claim or defense was knowingly asserted in bad faith or without any rational argument based in law or facts to support the position of the litigant or to change existing law. As used in this section, "knowingly false" means the claim or defense was knowingly asserted with the intent to deceive which shall be proven by clear and convincing evidence. Upon so finding, the court shall enter an order requiring such nonprevailing party to reimburse the prevailing party for reasonable costs, including attorney fees, incurred with respect to such claim or defense. In addition, the court may impose any sanction authorized by Section 2011 of this title.

Okla. Stat. tit. 12, § 2011.1

Amended by Laws 2022 , c. 224, s. 1, eff. 11/1/2022.
Amended by Laws 2013, c. 4,s. 5, eff. 9/10/2013.
Added by Laws 2004 , SB 1430, c. 370, §1, eff. 11/1/2004; Amended by Laws 2007 , SB 634, c. 12, §10, eff. 11/1/2007; Amended by Laws 2009 , HB 1603, c. 228, §15, eff. 11/1/2009.