Okla. Stat. tit. 12, § 12-1101.1

Recovery of costs and attorney fees.

A. Actions for personal injury, wrongful death, and certain

specified actions.

1. Subject to the provisions of paragraph 5 of this subsection,

after a civil action is brought for the recovery of money as the

result of a claim for personal injury, wrongful death, or pursuant

to Chapter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma

Statutes, any defendant may file with the court, at any time more

than ten (10) days prior to trial, an offer of judgment for a sum

certain to any plaintiff with respect to the action or any claim or

claims asserted in the action. An offer of judgment shall be deemed

to include any costs or attorney fees otherwise recoverable unless

it expressly provides otherwise. If an offer of judgment is filed,

each plaintiff to whom an offer of judgment is made shall, within

ten (10) days, file:

a. a written acceptance or rejection of such offer, or

b. a counteroffer of judgment, as described in paragraph

2 of this subsection.

If the plaintiff fails to file a timely response, the offer of

judgment shall be deemed rejected. The fact an offer of judgment is

made but not accepted or is deemed rejected does not preclude

subsequent timely offers of judgment.

2. In the event a defendant files an offer of judgment, the

plaintiff may, within ten (10) days, file with the court a

counteroffer of judgment directed to each defendant who has filed an

offer of judgment. If a counteroffer of judgment is filed, each

defendant to whom the counteroffer of judgment is made shall, within

ten (10) days, file a written acceptance or rejection of the

counteroffer of judgment. If a defendant fails to file a timely

response, the counteroffer of judgment shall be deemed rejected.

The fact a counteroffer of judgment is made but not accepted or

deemed rejected does not preclude subsequent counteroffers of

judgment if subsequent offers of judgment are made.

3. In the event the plaintiff rejects the offer(s) of judgment

and the judgment awarded the plaintiff is less than the final offer

of judgment, then the defendant filing the offer of judgment shall

be entitled to recover reasonable litigation costs and reasonable

attorney fees incurred by that defendant from the date of filing of

the final offer of judgment until the date of the verdict. Such

costs and fees may be offset from the judgment entered against the

offering defendant; provided, however, that prior to any such

offset, the plaintiff's attorney may:

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a. exercise any attorneys lien claimed in an amount not

to exceed twenty-five percent (25%) of the judgment,

and

b. recover the plaintiff's reasonable litigation costs,

not to exceed an additional fifteen percent (15%) of

the judgment or Five Thousand Dollars ($5,000.00),

whichever is greater.

4. In the event a defendant rejects the counteroffer(s) of

judgment and the judgment awarded to the plaintiff is greater than

the final counteroffer of judgment, the plaintiff shall be entitled

to recover reasonable litigation costs and reasonable attorney fees

incurred by the plaintiff from the date of filing of the final

counteroffer of judgment until the date of the verdict. Such costs

and fees may be added to the judgment entered in favor of the

plaintiff.

5. The provisions of this subsection shall apply only where the

plaintiff demands in a pleading or in trial proceedings more than

One Hundred Thousand Dollars ($100,000.00), or where the defendant

makes an offer of judgment more than One Hundred Thousand Dollars

($100,000.00). Any offer of judgment may precede the demand.

B. Other actions.

1. After a civil action is brought for the recovery of money or

property in an action other than for personal injury, wrongful death

or pursuant to Chapter 21 of Title 25 or Section 5 of Title 85 of

the Oklahoma Statutes, any defendant may file with the court, at any
judgment more than One Hundred Thousand Dollars

($100,000.00). Any offer of judgment may precede the demand.

B. Other actions.

1. After a civil action is brought for the recovery of money or

property in an action other than for personal injury, wrongful death

or pursuant to Chapter 21 of Title 25 or Section 5 of Title 85 of

the Oklahoma Statutes, any defendant may file with the court, at any

time more than ten (10) days prior to trial, an offer of judgment

for a sum certain to any plaintiff with respect to the action or any

claim or claims asserted in the action. An offer of judgment shall

be deemed to include any costs and attorney fees otherwise

recoverable unless it expressly provides otherwise. If an offer of

judgment is filed, the plaintiff or plaintiffs to whom the offer of

judgment is made shall, within ten (10) days, file:

a. a written acceptance or rejection of the offer, or

b. a counteroffer of judgment, as described in paragraph

2 of this subsection.

If a plaintiff fails to file a timely response, the offer of

judgment shall be deemed rejected. The fact an offer of judgment is

made but not accepted or is deemed rejected does not preclude

subsequent timely offers of judgment.

2. In the event a defendant files an offer of judgment, the

plaintiff may, within ten (10) days, file with the court a

counteroffer of judgment to each defendant who has filed an offer of

judgment and the claim or claims which are the subject thereof. If

a counteroffer of judgment is filed, each defendant to whom a

counteroffer of judgment is made shall, within ten (10) days, file a

written acceptance or rejection of the counteroffer of judgment. If

a defendant fails to file a timely response, the counteroffer of

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judgment shall be deemed rejected. The fact a counteroffer of

judgment is made but not accepted or is deemed rejected does not

preclude subsequent counteroffers of judgment if subsequent offers

of judgment are made.

3. If no offer of judgment or counteroffer of judgment is

accepted and the judgment awarded the plaintiff is less than one or

more offers of judgment, the defendant shall be entitled to

reasonable litigation costs and reasonable attorney fees incurred by

the defendant with respect to the action or the claim or claims

included in the offer of judgment from and after the date of the

first offer of judgment which is greater than the judgment until the

date of the judgment. Such costs and fees may be offset from the

judgment entered against the offering defendant.

4. If no offer of judgment or counteroffer of judgment is

accepted and the judgment awarded the plaintiff is greater than one

or more counteroffers of judgment, the plaintiff shall be entitled

to recover the reasonable litigation costs and reasonable attorney

fees incurred by the plaintiff with respect to the action or the

claim or claims included in the counteroffer of judgment from and

after the date of the first counteroffer of judgment which is less

than the judgment until the date of the judgment. Such costs and

fees may be added to the judgment entered in favor of the plaintiff.

5. An award of reasonable litigation costs and reasonable

attorneys fees under paragraph 3 of this subsection shall not

preclude an award under paragraph 4 of this subsection, and an award

under paragraph 4 of this subsection shall not preclude an award

under paragraph 3 of this subsection.

6. This subsection shall not apply to actions brought pursuant

to Chapter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma

Statutes.

C. For purposes of comparing the amount of a judgment with the

amount of an offer under paragraph 3 or 4 of subsection A of this

section or paragraph 3 or 4 of subsection B of this section,

attorney fees and costs otherwise recoverable shall be included in

the amount of the compared judgment only if the offer was inclusive
ter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma

Statutes.

C. For purposes of comparing the amount of a judgment with the

amount of an offer under paragraph 3 or 4 of subsection A of this

section or paragraph 3 or 4 of subsection B of this section,

attorney fees and costs otherwise recoverable shall be included in

the amount of the compared judgment only if the offer was inclusive

of attorney fees and costs. Fees or costs recoverable for work

performed after the date of the offer shall not be included in the

amount of the judgment for purposes of comparison.

D. Evidence of an offer of judgment or a counteroffer of

judgment shall not be admissible in any action or proceeding for any

purpose except in proceedings to enforce a settlement arising out of

an offer of judgment or counteroffer of judgment or to determine

reasonable attorneys fees and reasonable litigation costs under this

section.

E. This section shall apply whether or not litigation costs or

attorneys fees are otherwise recoverable.

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F. The provisions of this section are severable, and if any

part or provision thereof shall be held void, the decision of the

court shall not affect or impair any of the remaining parts or

provisions thereof.

G. This section shall apply to all civil actions filed after

the effective date of this act.