In any action not arising out of contract, the court may, upon ruling on a motion to dismiss an action or a motion for summary judgment or subsequent to adjudication on the merits, determine whether a claim or defense asserted in the action by a nonprevailing party was frivolous or proven knowingly false. As used in this section, "frivolous" means the claim or defense was knowingly asserted in bad faith or without any rational argument based in law or facts to support the position of the litigant or to change existing law. As used in this section, "knowingly false" means the claim or defense was knowingly asserted with the intent to deceive which shall be proven by clear and convincing evidence. Upon so finding, the court shall enter an order requiring such nonprevailing party to reimburse the prevailing party for reasonable costs, including attorney fees, incurred with respect to such claim or defense. In addition, the court may impose any sanction authorized by Section 2011 of this title.
§ 2011.1.Finding of Frivolous Claim - Actions Not Arising Out of Contract - Award of Costs and Attorney Fees
Chapter 39: Oklahoma Pleading Code · Last amended November 1, 2022 · Last verified August 3, 2026
In one sentenceSection 2011.1 lets a court, after ruling on a dismissal motion, summary judgment, or a merits decision in a non-contract case, find that a losing party's claim or defense was frivolous or knowingly false and order that party to reimburse the winner's costs and attorney fees.
Full Text of § 2011.1
Amendment History
Amended by Laws 2022, c. 224, s. 1, eff. 11/1/2022. Amended by Laws 2013, c. 4 s. 5, eff. 9/10/2013. Added by Laws 2004, SB 1430, c. 370, §1, eff. 11/1/2004; Amended by Laws 2007, SB 634, c. 12, §10, eff. 11/1/2007; Amended by Laws 2009, HB 1603, c. 228, §15, eff. 11/1/2009.
Note
Laws 2009, c. 228, § 15 was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed by Laws 2013, 1st Ex. Sess., c. 4, § 1, emerg. eff. Sept. 10, 2013.
Plain-English Summary
This section works alongside Section 2011's sanctions rule but is narrower and comes later in the case: after ruling on a motion to dismiss or for summary judgment, or after a decision on the merits, a court in a non-contract action may determine that the losing party's claim or defense was frivolous, knowingly asserted in bad faith or without any rational legal or factual basis, or "knowingly false," meaning asserted with intent to deceive, which must be shown by clear and convincing evidence.
Once the court makes either finding, it must order the losing party to reimburse the prevailing party's reasonable costs and attorney fees tied to that claim or defense, and it may layer on any other sanction available under Section 2011.
Frequently Asked Questions
Does this section apply to contract disputes?
No -- it applies only to actions not arising out of contract, as stated in the section's opening line.
What's the difference between "frivolous" and "knowingly false" under this section?
"Frivolous" means the claim or defense was knowingly asserted in bad faith or without a rational legal or factual basis, while "knowingly false" means it was asserted with intent to deceive, which the section requires to be proven by clear and convincing evidence.
What does a losing party owe if the court finds their claim was frivolous?
The court must order them to reimburse the prevailing party's reasonable costs, including attorney fees, tied to that claim or defense, and may impose any other sanction authorized by Section 2011.
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: oklahoma frivolous claim non-contract action12 O.S. § 2011.1attorney fees frivolous lawsuit oklahomaknowingly false claim oklahoma sanctions