§ 66.State As a Party - Bond Not Required - Automatic Stay - Payment of Costs
Chapter 2: General Provisions · Last amended June 4, 2007 · Last verified August 3, 2026
In one sentenceSection 66 exempts Oklahoma and its departments and agencies from posting bonds to sue, answer, or appeal, automatically stays enforcement of a judgment against the state pending appeal, and directs how litigation costs get paid when the state loses or wins.
A.Whenever an action is filed in any of the courts of this state where the State of Oklahoma or any of its departments or agencies, as defined in Section 152 of Title 51 of the Oklahoma Statutes, is a party, no bonds or other obligation of security shall be required from the state or from any party acting under the direction of the state, either to prosecute, answer, or appeal the action. The execution of a judgment or final order of any judicial tribunal against the state or any of its departments or agencies is automatically stayed without the execution of a supersedeas bond until any appeal of such judgment or final order has finally been determined.
In case of an adverse decision, such costs as by law are taxable against the state, or against the party acting by its direction, shall be paid out of the funds of the department under whose direction the proceedings were instituted or defended.
B.Costs shall be paid to the court fund of the district court in which an action is filed from the first funds collected in satisfaction of any judgment obtained by this state or any party acting under the direction of this state, except when the funds are collected pursuant to a child support order, judgment, or pursuant to any civil forfeiture action. No action filed by this state or by any party acting under the direction of this state shall be dismissed with unpaid costs of the action without the prior notification of the district court clerk of the county in which the action was filed.
Amendment History
Added by Laws 1923, HB 304, c. 203, § 1, emerg. eff. 3/31/1923; Amended by Laws 1992, SB 764,
c. 357, § 1, emerg. eff. 7/1/1992; Amended by Laws 1999, HB 1623, c. 359, §2, eff. 11/1/1999; Amended by
Laws 2002, HB 1939, c. 468, §1, emerg. eff. 11/1/2002; Amended by Laws 2007, HB 1297, c. 248, §1,
emerg. eff. 6/4/2007.
Plain-English Summary
Section 66 removes the bond requirement whenever the State of Oklahoma or one of its departments or agencies is a party. No bond or other security is required from the state, or from anyone acting under its direction, to prosecute, answer, or appeal an action. When a judgment or final order goes against the state, its execution is automatically stayed — no supersedeas bond needed — until any appeal is finally decided.
If the decision goes against the state, the costs the law allows against it come out of the funds of whichever department directed the case. When the state wins, the first funds collected on the judgment go to the district court fund of the county where the case was filed, except money collected under a child support order or a civil forfeiture action. And a state-filed action can't be dismissed with costs still unpaid unless the district court clerk gets notice first.
Frequently Asked Questions
Does Oklahoma have to post a bond to sue someone or defend a lawsuit?
No. Section 66 exempts the state and its departments and agencies from posting bonds to prosecute, answer, or appeal an action.
Is a judgment against the state automatically stayed while it appeals?
Yes, execution of a judgment or final order against the state is automatically stayed without a supersedeas bond until the appeal is finally determined.
Who pays the costs if the state loses a case?
The costs taxable against the state come out of the funds of the department under whose direction the case was instituted or defended.
What happens to money the state collects from a winning judgment?
The first funds collected go to the court fund of the district court where the action was filed, except money collected under a child support order or a civil forfeiture action.
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:state exempt from posting bond Oklahomasupersedeas bond not required government appealautomatic stay judgment against the statecourt fund costs state litigation