Okla. Stat. tit. 12, § 12-2011.1
This is the official text of Okla. Stat. tit. 12, § 12-2011.1, 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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Finding of frivolous claim - Actions not arising out of
Official statutory text
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
Oklahoma Statutes - Title 12. Civil Procedure Page 407
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.
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
Oklahoma Statutes - Title 12. Civil Procedure Page 407
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.
Status: in_force · Read it on the official government site
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