A. A hearing on a motion filed pursuant to Section 3 of the Oklahoma Citizens Participation Act shall be set no later than sixty (60) days after the date of service of the motion unless the docket conditions of the court require a later hearing, upon a showing of good cause, or by agreement of the parties, but in no event shall the hearing occur more than ninety (90) days after service of the motion to dismiss, except as provided by subsection C of this section.
§ 1433.Time Limits For Hearing On Motion to Dismiss
Chapter 24: Injunction · Last amended November 1, 2014 · Last verified August 3, 2026
In one sentenceSection 1433 requires a hearing on an OCPA motion to dismiss within sixty days of the motion's service, absent good cause, court-docket conditions, or party agreement, but never later than ninety days after service -- or one hundred twenty days if the court allowed discovery under Section 1435.
Full Text of § 1433
B. In the event that the court cannot hold a hearing in the time required by subsection A of this section, the court may take judicial notice that court docket conditions required a hearing at a later date, but in no event shall the hearing occur more than ninety (90) days after service of the motion to dismiss, except as provided by subsection C of this section.
C. If the court allows discovery under subsection B of Section 6 of this act, the court may extend the hearing date to allow discovery under that subsection, but in no event shall the hearing occur more than one hundred twenty (120) days after the service of the motion to dismiss.
Amendment History
Added by Laws 2014, c. 107, s. 4, eff. 11/1/2014.
Plain-English Summary
Once a party files the motion to dismiss described in Section 1432, this section keeps the case moving toward a prompt hearing. The default deadline is sixty days after the motion is served. That deadline can slip -- if court docket conditions require it, on a showing of good cause, or by agreement of the parties -- but even then, the hearing can't happen more than ninety days after service, absent the discovery exception below.
If the court can't meet the sixty-day deadline, it can take judicial notice that docket conditions required a later date, again subject to that ninety-day outer limit. The one situation that pushes the outer limit further is when the court allows limited discovery under Section 1435's subsection B: there, the court may extend the hearing to accommodate that discovery, but never past one hundred twenty days after the motion was served.
Frequently Asked Questions
How soon must a court hold a hearing on an anti-SLAPP motion to dismiss in Oklahoma?
No later than sixty days after the motion is served, unless docket conditions, good cause, or party agreement push it later.
Is there an absolute outer limit on when the hearing can happen?
Yes, generally ninety days after the motion is served, except when the court has allowed limited discovery, which extends the limit to one hundred twenty days.
Can the court blame a late hearing on a crowded docket?
Yes. The court may take judicial notice that its docket conditions required a later hearing date, subject to the same ninety-day limit.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: deadline for hearing anti-slapp motion oklahoma12 O.S. § 143390 day hearing OCPA oklahoma120 day discovery extension oklahoma anti-slapp