Chapter 24: Injunction · Last amended November 1, 2014 · Last verified August 3, 2026
In one sentenceSection 1438 requires a court dismissing an action under the Oklahoma Citizens Participation Act to award the moving party costs, attorney fees, and expenses, plus sanctions against the party who sued, while allowing fees to the responding party if the motion to dismiss was frivolous or meant only to delay.
A.If the court orders dismissal of a legal action under the Oklahoma Citizens Participation Act, the court shall award to the moving party:
1.Court costs, reasonable attorney fees and other expenses incurred in defending against the legal action as justice and equity may require; and
2.Sanctions against the party who brought the legal action as the court determines sufficient to deter the party who brought the legal action from bringing similar actions described in the Oklahoma Citizens Participation Act.
B.If the court finds that a motion to dismiss filed under the Oklahoma Citizens Participation Act is frivolous or solely intended to delay, the court may award court costs and reasonable attorney fees to the responding party.
Amendment History
Added by Laws 2014, c. 107, s. 9, eff. 11/1/2014.
Plain-English Summary
Dismissal under the OCPA comes with consequences on both sides. If the court dismisses the legal action, it must award the moving party court costs, reasonable attorney fees, and other expenses incurred defending against the action, as justice and equity require, plus sanctions against the party who brought the suit, set at whatever level the court finds sufficient to deter that party from bringing similar actions again.
The section also protects against abuse of the motion itself: if the court finds a motion to dismiss frivolous or intended only to cause delay, it may award court costs and reasonable attorney fees to the party who had to respond to it.
Frequently Asked Questions
What do I recover if I win a motion to dismiss under the Oklahoma Citizens Participation Act?
Court costs, reasonable attorney fees, and other expenses incurred defending against the action, plus sanctions against the party who sued you.
What are the sanctions meant to accomplish?
Deterrence -- the court sets them at whatever level it determines sufficient to deter the party who brought suit from filing similar actions again.
Can I recover fees if the other side's motion to dismiss was baseless?
Yes. If the court finds the motion to dismiss frivolous or intended only to delay, it may award court costs and reasonable attorney fees to the responding party.
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:attorney fees anti-slapp oklahoma12 O.S. § 1438sanctions OCPA oklahomafrivolous motion to dismiss fees oklahoma