Oklahoma § 12-696.4 - Costs and attorney fees

§ 12-696.4. Costs and attorney fees

A. A judgment, decree or appealable order may provide for

costs, attorney fees, or both of these items, but it need not

include them. The preparation and filing of the judgment, decree,

or appealable order shall not be delayed pending the determination

of these items. Such items may be determined by the court if a

timely request is made, regardless of whether a petition in error

has been filed.

B. If attorney fees or costs, including the amount of such

attorney fees or costs have not been included in the judgment,

decree or appealable order, a party seeking any of these items must

file an application with the court clerk along with the proof of

service of the application on all affected parties in accordance

with Section 2005 of this title. The application must set forth the

amount requested and include information which supports that amount.

The application must be filed within thirty (30) days after the

filing of the judgment, decree or appealable order unless a

posttrial motion pursuant to subsection A of Section 990.2 of this

title has been filed within ten (10) days after the filing of the

judgment, decree, or appealable order. If such a motion is filed

within that time, the application for attorney fees, costs, or

interest shall be filed within thirty (30) days after the date an

order disposing of the posttrial motion is filed. If the party

filing the application did not prepare the judgment, decree, or

appealable order, and Section 696.2 of this title required a copy of

the judgment, decree, or appealable order to be mailed to the party

filing application, and the court records do not reflect the mailing

of a copy of the judgment, decree, or appealable order to the party

filing the application within three (3) days, exclusive of weekends

and holidays, after the filing of the judgment, decree, or

appealable order, the application may be filed no later than thirty

(30) days after the earliest date on which the court records show

Oklahoma Statutes - Title 12. Civil Procedure

that a copy of the judgment, decree, appealable order, or order

disposing of the posttrial motion was mailed to the party filing the

application. For good cause shown, the court may extend the time

for filing the application upon motion filed within the time that

the application could be filed. Within fifteen (15) days after the

application is filed with the court, any party may file written

objections to it, with a copy to the moving party.

C. Except as provided in Subsection D of this section, an

application for attorney fees for services performed on appeal shall

be made to the appellate court by separate motion filed any time

before issuance of mandate. The application shall cite authority

for awarding attorney fees but shall not include evidentiary

material concerning their amount. The appellate court shall decide

whether to award attorney fees for services on appeal, and if fees

are awarded, it shall remand the case to the trial court for a

determination of their amount. The trial court's order determining

the amount of fees is an appealable order.

D. If the right of a party to recover attorney fees depends

upon a determination that the party has prevailed in an action, and

if the prevailing party in the action cannot be determined from the

decision of the appellate court, an application for attorney fees

for services performed on appeal shall be made to the trial court in

the manner and within the time provided in subsection B of this

section.

Added by Laws 1993, c. 351, § 11, eff. Oct. 1, 1993. Amended by

Laws 1995, c. 253, § 1, eff. Nov. 1, 1995; Laws 1997, c. 102, § 4,

eff. May 1, 1997; Laws 2002, c. 468, § 3, eff. Nov. 1, 2002; Laws

2004, c. 181, § 2, eff. Nov. 1, 2004; Laws 2012, c. 278, § 1, eff.

Nov. 1, 2012.