A. In any civil action to recover damages for the negligent or willful injury to property and any other incidental costs related to such action, the prevailing party shall be allowed reasonable attorney's fees, court costs and interest to be set by the court and to be taxed and collected as other costs of the action.
§ 940.Negligent Or Willful Injury to Property - Attorney's Fees and Costs - Offer and Acceptance of Judgment
Chapter 14: Costs · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 940 awards the prevailing party attorney's fees, court costs, and interest in actions for negligent or willful injury to property, and creates an offer-of-judgment procedure that strips the plaintiff of those fees and costs if the final judgment doesn't beat the defendant's pre-trial settlement offer.
Full Text of § 940
B. Provided that, the defendant in such action may, not less than ten (10) days after being served with summons, serve upon the plaintiff or his attorney a written offer to allow judgment to be taken against him. If the plaintiff accepts the offer and gives notice thereof to the defendant or his attorney, within five (5) days after the offer was served, the offer, and an affidavit that the notice of acceptance was delivered within the time limited, may be filed by the plaintiff, or the defendant, verified by affidavit. The offer and acceptance shall be noted in the journal, and judgment shall be rendered accordingly. If the notice of acceptance is not given in the period limited, the offer shall be deemed withdrawn, and shall not be given in evidence or mentioned at the trial. If upon the action being adjudicated the judgment rendered is for the defendant or for the plaintiff and is for a lesser amount than the defendant's offer, then the plaintiff shall not be entitled to recover attorney's fees, court costs and interest. If the judgment rendered is for the plaintiff, and is for the same amount as the defendant's offer, then the plaintiff and defendant shall incur their own attorney's fees, court costs and interest. And if the judgment rendered is for the plaintiff, and is for a larger amount than the defendant's offer, then the plaintiff shall be entitled to recover attorney's fees, court costs and interest.
Amendment History
Laws 1979, HB 1232, c. 57, § 1, eff. 10/1/1979.
Plain-English Summary
Subsection A sets the baseline: in an action for negligent or willful injury to property, the prevailing party gets reasonable attorney's fees, court costs, and interest, set by the court and taxed as costs.
Subsection B then layers on an offer-of-judgment procedure. At least ten days after being served with summons, a defendant may serve a written offer to let judgment be entered against them. If the plaintiff accepts within five days and files the offer and an affidavit of timely acceptance, judgment is entered on those terms. If the plaintiff doesn't accept in time, the offer is deemed withdrawn and can't be mentioned at trial. The stakes come due at judgment: if the final judgment favors the defendant, or favors the plaintiff for less than the offer, the plaintiff loses the right to attorney's fees, costs, and interest. If the judgment matches the offer exactly, each side bears its own fees, costs, and interest. Only if the judgment exceeds the defendant's offer does the plaintiff keep the right to recover them.
Frequently Asked Questions
What does a plaintiff recover for winning a property-damage case in Oklahoma?
Reasonable attorney's fees, court costs, and interest, in addition to any other award, when the injury was negligent or willful.
What is the offer-of-judgment procedure in Section 940?
A defendant may, at least ten days after being served, offer in writing to let judgment be taken against them; the plaintiff has five days to accept and file it with an affidavit of timely notice.
What happens if the plaintiff rejects the offer and later wins less than the offer amount?
The plaintiff loses the right to recover attorney's fees, court costs, and interest.
What if the plaintiff wins exactly the amount the defendant offered?
Each side bears its own attorney's fees, court costs, and interest.
Does rejecting the offer ever come up at trial?
No. If the plaintiff doesn't accept in time, the offer is deemed withdrawn and can't be given in evidence or mentioned at trial.
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 offer of judgment property damageattorney fees negligent injury to property oklahoma12 O.S. § 940offer to allow judgment oklahoma ten days