A. The defendant in any civil action brought in any court of this state by any state agency, board, commission, department, authority or bureau authorized to make rules or formulate orders shall be entitled to recover against such state entity court costs, witness fees and reasonable attorney fees if the court determines that the action was brought without reasonable basis or is frivolous. This subsection shall apply to any action commenced on or after October 1, 1982.
§ 941.Actions By State Entities - Court Costs, Witness Fees and Attorney Fees
Chapter 14: Costs · Last amended November 1, 1987 · Last verified August 3, 2026
In one sentenceSection 941 lets a defendant recover court costs, witness fees, and reasonable attorney fees from a state agency that brings a frivolous or baseless civil action or administrative proceeding against them, and extends the same protection to respondents before state administrative tribunals.
Full Text of § 941
B. The respondent in any proceeding brought before any state administrative tribunal by any state agency, board, commission, department, authority or bureau authorized to make rules or formulate orders shall be entitled to recover against such state entity court costs, witness fees and reasonable attorney fees if the tribunal or a court of proper jurisdiction determines that the proceeding was brought without reasonable basis or is frivolous; provided, however, if the tribunal is required by law to act upon complaints and determines that the complaint had no reasonable basis or is frivolous, the tribunal may assess the respondent's costs, witness fees and reasonable attorney fees against the complainant. This subsection shall apply to any proceeding before any state administrative tribunal commenced on or after November 1, 1987.
Amendment History
Added by Laws 1982, HB 1730, c. 38, §1, eff. 10/1/1982; Amended by Laws 1987, SB 263, c. 127, §1, eff. 11/1/1987.
Plain-English Summary
Subsection A covers civil actions in court: if a state agency, board, commission, department, authority, or bureau with rulemaking or order-making power sues someone without a reasonable basis, or brings a frivolous action, the defendant can recover court costs, witness fees, and reasonable attorney fees against that state entity. It applies to actions filed on or after October 1, 1982.
Subsection B extends the same idea to administrative proceedings: a respondent before a state administrative tribunal can recover those same costs, fees, and expenses if the tribunal or a court finds the proceeding baseless or frivolous. Where the tribunal must act on complaints and finds one frivolous or baseless, it may instead assess the respondent's costs, fees, and expenses against the complainant. This subsection applies to proceedings commenced on or after November 1, 1987.
Frequently Asked Questions
Can I recover attorney fees if a state agency sues me without a real basis in Oklahoma?
Yes. Section 941 lets a defendant recover court costs, witness fees, and reasonable attorney fees against the state entity if the court finds the action was brought without reasonable basis or is frivolous.
Does this protection extend to administrative hearings, not just court cases?
Yes. Subsection B gives the same recovery to a respondent before a state administrative tribunal when the proceeding is frivolous or baseless.
What if a private citizen files a frivolous complaint that a tribunal must act on?
The tribunal may assess the respondent's costs, witness fees, and attorney fees against that complainant instead of the state entity.
Does this section apply to all state lawsuits, no matter when filed?
No. The civil-action provision in subsection A applies only to actions commenced on or after October 1, 1982, and the administrative provision in subsection B applies to proceedings commenced on or after November 1, 1987.
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
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