Okla. Stat. tit. 12, § 12-1434
This is the official text of Okla. Stat. tit. 12, § 12-1434, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Time limit for ruling on motion – Standard of proof
Official statutory text
A. The court shall rule on a motion filed pursuant to Section 3
of the Oklahoma Citizens Participation Act no later than thirty (30)
days following the date of the hearing on the motion.
B. Except as provided by subsection C of this section, on the
motion of a party filed pursuant to Section 3 of this act, a court
shall dismiss a legal action against the moving party if the moving
party shows by a preponderance of the evidence that the legal action
is based on, relates to or is in response to the party's exercise
of:
1. The right of free speech;
2. The right to petition; or
3. The right of association.
C. The court shall not dismiss a legal action under this
section if the party filing the legal action establishes by clear
and specific evidence a prima facie case for each essential element
of the claim in question.
D. Notwithstanding the provisions of subsection C of this
section, the court shall dismiss a legal action against the moving
party if the moving party establishes by a preponderance of the
evidence each essential element of a valid defense to the
nonmovant's claim.
of the Oklahoma Citizens Participation Act no later than thirty (30)
days following the date of the hearing on the motion.
B. Except as provided by subsection C of this section, on the
motion of a party filed pursuant to Section 3 of this act, a court
shall dismiss a legal action against the moving party if the moving
party shows by a preponderance of the evidence that the legal action
is based on, relates to or is in response to the party's exercise
of:
1. The right of free speech;
2. The right to petition; or
3. The right of association.
C. The court shall not dismiss a legal action under this
section if the party filing the legal action establishes by clear
and specific evidence a prima facie case for each essential element
of the claim in question.
D. Notwithstanding the provisions of subsection C of this
section, the court shall dismiss a legal action against the moving
party if the moving party establishes by a preponderance of the
evidence each essential element of a valid defense to the
nonmovant's claim.
Status: in_force · Read it on the official government site
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