A. In determining whether a legal action shall be dismissed under the Oklahoma Citizens Participation Act, the court shall consider the pleadings and supporting and opposing affidavits stating the facts on which the liability or defense is based.
§ 1435.Evidence to Consider By Court - Limited Discovery
Chapter 24: Injunction · Last amended November 1, 2014 · Last verified August 3, 2026
In one sentenceSection 1435 directs the court to decide an OCPA motion to dismiss based on the pleadings and supporting and opposing affidavits, while allowing the court, on a party's motion or its own, and on a showing of good cause, to permit specified and limited discovery relevant to the motion.
Full Text of § 1435
B. On a motion by a party or on the court's own motion and on a showing of good cause, the court may allow specified and limited discovery relevant to the motion to dismiss.
Amendment History
Added by Laws 2014, c. 107, s. 6, eff. 11/1/2014.
Plain-English Summary
In deciding whether to dismiss under the Oklahoma Citizens Participation Act, the court works from a defined record: the pleadings, plus affidavits filed for and against the motion, stating the facts behind the liability claimed or the defense raised. That record can grow narrowly, though -- on a party's motion, or the court's own initiative, and only on a showing of good cause, the court may permit specified and limited discovery relevant to the motion to dismiss.
Frequently Asked Questions
What evidence does the court look at when deciding an anti-SLAPP motion to dismiss in Oklahoma?
The pleadings and the supporting and opposing affidavits stating the facts the liability or defense rests on.
Is discovery completely off the table while the motion is pending?
Not entirely -- the court may allow specified and limited discovery relevant to the motion, on a party's motion or the court's own, upon a showing of good cause.
Who can ask the court to allow this limited discovery?
Either party, or the court can raise it on its own motion.
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: limited discovery anti-slapp oklahoma12 O.S. § 1435evidence considered OCPA motion to dismissgood cause discovery oklahoma citizens participation act