Okla. Stat. tit. 63, § 63-1-745.43
This is the official text of Okla. Stat. tit. 63, § 63-1-745.43, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Liability for costs and attorney fees
Official statutory text
A. Notwithstanding any other law, any party including an
entity, attorney, or law firm, who seeks declaratory or injunctive
relief to prevent this state, a political subdivision, any
governmental entity or public official in this state, or any person
in this state from enforcing any statute, ordinance, rule,
regulation, or any other type of law that regulates or restricts
abortion or that limits taxpayer funding for individuals or entities
that perform or promote abortions, in any state or federal court, or
that represents any litigant seeking such relief in any state or
federal court, shall be jointly and severally liable for court costs
and attorney fees of the prevailing party.
B. For purposes of this section, a party is considered a
prevailing party with respect to a claim or cause of action if a
state or federal court:
Oklahoma Statutes - Title 63. Public Health and Safety Page 409
1. Dismisses that claim or cause of action brought against the
party that seeks the declaratory or injunctive relief described by
subsection A of this section, regardless of the reason for the
dismissal; or
2. Enters judgment in the party's favor on that claim or cause
of action.
C. Regardless of whether a prevailing party sought to recover
court costs or attorney fees in the underlying action, a prevailing
party under this section may bring a civil action to recover court
costs and attorney fees against a party including an entity,
attorney, or law firm, that sought declaratory or injunctive relief
described by subsection A of this section not later than three (3)
years after the date on which, as applicable:
1. The dismissal or judgment described by subsection B of this
section becomes final on the conclusion of appellate review; or
2. The time for seeking appellate review expires.
D. It is not a defense to an action brought under subsection C
of this section that:
1. A prevailing party under this section failed to seek
recovery of court costs or attorney fees in the underlying action;
2. The court in the underlying action declined to recognize or
enforce the requirements of this section; or
3. The court in the underlying action held that any provisions
of this section are invalid, unconstitutional, or preempted by
federal law, notwithstanding the doctrines of issue or claim
preclusion.
entity, attorney, or law firm, who seeks declaratory or injunctive
relief to prevent this state, a political subdivision, any
governmental entity or public official in this state, or any person
in this state from enforcing any statute, ordinance, rule,
regulation, or any other type of law that regulates or restricts
abortion or that limits taxpayer funding for individuals or entities
that perform or promote abortions, in any state or federal court, or
that represents any litigant seeking such relief in any state or
federal court, shall be jointly and severally liable for court costs
and attorney fees of the prevailing party.
B. For purposes of this section, a party is considered a
prevailing party with respect to a claim or cause of action if a
state or federal court:
Oklahoma Statutes - Title 63. Public Health and Safety Page 409
1. Dismisses that claim or cause of action brought against the
party that seeks the declaratory or injunctive relief described by
subsection A of this section, regardless of the reason for the
dismissal; or
2. Enters judgment in the party's favor on that claim or cause
of action.
C. Regardless of whether a prevailing party sought to recover
court costs or attorney fees in the underlying action, a prevailing
party under this section may bring a civil action to recover court
costs and attorney fees against a party including an entity,
attorney, or law firm, that sought declaratory or injunctive relief
described by subsection A of this section not later than three (3)
years after the date on which, as applicable:
1. The dismissal or judgment described by subsection B of this
section becomes final on the conclusion of appellate review; or
2. The time for seeking appellate review expires.
D. It is not a defense to an action brought under subsection C
of this section that:
1. A prevailing party under this section failed to seek
recovery of court costs or attorney fees in the underlying action;
2. The court in the underlying action declined to recognize or
enforce the requirements of this section; or
3. The court in the underlying action held that any provisions
of this section are invalid, unconstitutional, or preempted by
federal law, notwithstanding the doctrines of issue or claim
preclusion.
Status: in_force · Read it on the official government site
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