Oklahoma § 12-2011.1 - Finding of frivolous claim - Actions not arising out of

Full text of Oklahoma Oklahoma Statutes § 12-2011.1 — Finding of frivolous claim - Actions not arising out of, with citation guidance and answers to common questions.

§ 12-2011.1. 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

Oklahoma Statutes - Title 12. Civil Procedure

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.

Added by Laws 2004, c. 370, § 1, eff. Nov. 1, 2004. Amended by Laws

2007, c. 12, § 10, eff. Nov. 1, 2007; Laws 2013, 1st Ex. Sess., c.

4, § 4, emerg. eff. Sept. 10, 2013; Laws 2013, 1st Ex. Sess., c. 4,

§ 5, emerg. eff. Sept. 10, 2013; Laws 2022, c. 224, § 1, eff. Nov.

1, 2022.

NOTE: Laws 2009, c. 228, § 15 was held unconstitutional by the

Oklahoma Supreme Court in the case of Douglas v. Cox Retirement

Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed

by Laws 2013, 1st Ex. Sess., c. 4, § 1, emerg. eff. Sept. 10, 2013.

Source: official Oklahoma text · Last verified 2026-08-27

Frequently Asked Questions About Oklahoma § 12-2011.1

What does Oklahoma Statutes § 12-2011.1 cover?

Section 12-2011.1 ("Finding of frivolous claim - Actions not arising out of") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Oklahoma § 12-2011.1?

A common citation format is "Oklahoma Statutes § 12-2011.1" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Oklahoma law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.

How does Oklahoma § 12-2011.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.