When an interlocutory order of a district court is reviewed on appeal or on certiorari and the interlocutory order is reversed, the prevailing party shall recover his costs, exclusive of attorney fees, including the cost deposit and the costs of preparing the record on appeal or on certiorari, regardless of the ultimate disposition of the action; and when the interlocutory order is reversed in part and affirmed in part, the costs shall be equally divided between the parties.
§ 978.1.Recovery of Costs For Review of Certain Interlocutory Orders On Appeal Or On Certiorari
Chapter 15: Appeal and Error · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 978.1 lets the prevailing party recover costs, other than attorney fees, when a district court's interlocutory order is reversed on appeal or certiorari, including the cost deposit and record-preparation costs, regardless of how the underlying case ultimately turns out.
Full Text of § 978.1
Amendment History
Laws 1980, HB 1403, c. 14, § 1.
Plain-English Summary
This section covers costs on a narrower category of review: an interlocutory order — one issued before the case is over — that a district court enters and that gets reviewed on appeal or on certiorari. If that order is reversed, the prevailing party recovers costs, not including attorney fees, covering the cost deposit and the expense of preparing the record for that appeal or certiorari review.
That cost award stands regardless of how the underlying action eventually turns out. And as with a full appeal under Section 978, a mixed result — reversed in part, affirmed in part — splits the costs equally between the parties.
Frequently Asked Questions
What costs can a prevailing party recover when an interlocutory order is reversed?
Costs other than attorney fees, including the cost deposit and the costs of preparing the record for the appeal or certiorari review.
Does it matter how the underlying case eventually turns out?
No — the section awards these costs regardless of the ultimate disposition of the action.
What if the interlocutory order is only partly reversed?
The costs are divided equally between the parties when the order is reversed in part and affirmed in part.
How is this different from Section 978's cost rule?
Section 978 covers costs after a full appeal from a judgment or final order; this section covers costs specifically for review of an interlocutory order, and it expressly excludes attorney fees.
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: interlocutory order appeal costs Oklahoma12 O.S. § 978.1certiorari review costs Oklahoma district courtcost deposit reversed interlocutory order Oklahoma