A. The court shall rule on a motion filed pursuant to Section 3 of the Oklahoma Citizens Participation Act no later than thirty (30) days following the date of the hearing on the motion.
§ 1434.Time Limit For Ruling On Motion - Standard of Proof
Chapter 24: Injunction · Last amended November 1, 2014 · Last verified August 3, 2026
In one sentenceSection 1434 requires the court to rule within thirty days of the hearing, and directs dismissal once the moving party shows, by a preponderance of the evidence, that the action responds to that party's exercise of free speech, the right to petition, or the right of association.
Full Text of § 1434
B. Except as provided by subsection C of this section, on the motion of a party filed pursuant to Section 3 of this act, a court shall dismiss a legal action against the moving party if the moving party shows by a preponderance of the evidence that the legal action is based on, relates to or is in response to the party's exercise of:
1. The right of free speech;
2. The right to petition; or
3. The right of association.
C. The court shall not dismiss a legal action under this section if the party filing the legal action establishes by clear and specific evidence a prima facie case for each essential element of the claim in question.
D. Notwithstanding the provisions of subsection C of this section, the court shall dismiss a legal action against the moving party if the moving party establishes by a preponderance of the evidence each essential element of a valid defense to the nonmovant's claim.
Amendment History
Added by Laws 2014, c. 107, s. 5, eff. 11/1/2014.
Plain-English Summary
This section sets the clock and the burdens for deciding the OCPA motion to dismiss. The court must rule no later than thirty days after the hearing. On the merits, the moving party wins dismissal by showing, with a preponderance of the evidence, that the legal action is based on, relates to, or responds to the party's exercise of free speech, the right to petition, or the right of association.
That's not the end of it, though. The nonmoving party can block dismissal by establishing, with clear and specific evidence, a prima facie case for each essential element of the claim. But even that doesn't guarantee the case survives: if the moving party goes on to establish, by a preponderance of the evidence, every essential element of a valid defense to the claim, the court dismisses the action regardless.
Frequently Asked Questions
How quickly must an Oklahoma court rule after the hearing on an OCPA motion to dismiss?
No later than thirty days after the hearing.
What does the moving party have to prove to win dismissal?
By a preponderance of the evidence, that the legal action is based on, relates to, or is in response to that party's exercise of free speech, the right to petition, or the right of association.
How can the party who filed the lawsuit stop it from being dismissed?
By establishing, with clear and specific evidence, a prima facie case for each essential element of the claim.
Can the case still get dismissed even if the plaintiff shows a prima facie case?
Yes, if the moving party proves, by a preponderance of the evidence, every essential element of a valid defense to the claim.
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: burden of proof oklahoma anti-slapp motion12 O.S. § 1434prima facie case OCPA oklahoma30 day ruling deadline anti-slapp oklahoma