A. If a court does not rule on a motion to dismiss filed pursuant to Section 3 of the Oklahoma Citizens Participation Act in the time prescribed by Section 5 of the act, the motion shall be considered denied by operation of law and the moving party may appeal.
§ 1437.Failure to Rule On Motion - Expedited Appeals
Chapter 24: Injunction · Last amended November 1, 2014 · Last verified August 3, 2026
In one sentenceSection 1437 deems a motion to dismiss denied by operation of law if the court doesn't rule within the time Section 1434 prescribes, lets the moving party appeal that denial, and requires appellate courts to expedite any appeal or writ from a ruling or a failure to rule.
Full Text of § 1437
B. An appellate court shall expedite an appeal or other writ, whether interlocutory or not, from a trial court order on a motion to dismiss a legal action filed pursuant to Section 3 of this act or from a trial court's failure to rule on that motion in the time prescribed by Section 5 of this act.
Amendment History
Added by Laws 2014, c. 107, s. 8, eff. 11/1/2014.
Plain-English Summary
This section gives the moving party a way forward if the trial court sits on the motion too long. If the court doesn't rule within the time Section 1434 sets, the motion is considered denied by operation of law, and the moving party may appeal that denial. Once an appeal or other writ comes up -- whether interlocutory or not -- from a ruling on the motion, or from the court's failure to rule in time, the appellate court has to expedite it.
Frequently Asked Questions
What happens if the trial court never rules on my anti-SLAPP motion within the deadline?
The motion is considered denied by operation of law, and you may appeal that denial.
Does the appellate court have to move fast on this kind of appeal?
Yes. Section 1437 requires the appellate court to expedite any appeal or writ from a ruling, or a failure to rule, on the motion.
Can I appeal even if the trial court hasn't issued a written denial?
Yes -- if the court missed the deadline set by Section 1434, the motion counts as denied by operation of law, which the moving party may appeal.
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: appeal denied anti-slapp motion oklahoma12 O.S. § 1437expedited appeal OCPA oklahomamotion denied by operation of law oklahoma