When a judgment or final order is reversed, the plaintiff in error shall recover his costs, including the costs of the transcript of the proceedings, or case-made, filed with the petition in error; and when reversed in part and affirmed in part, costs shall be equally divided between the parties.
§ 978.Costs On Appeal
Chapter 15: Appeal and Error · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 978 awards the plaintiff in error full costs, including transcript or case-made costs, when a judgment or final order is reversed, and splits costs equally between the parties when the result is affirmed in part and reversed in part.
Full Text of § 978
Amendment History
R.L. 1910, § 5261.
Plain-English Summary
Reversal has a cost consequence: the party who brought the error proceeding, the plaintiff in error, recovers the costs of the appeal, including what it cost to prepare the transcript or case-made filed with the petition in error.
A mixed result splits the difference. When the appellate court reverses part of the judgment and affirms the rest, the costs are divided equally between the parties rather than awarded entirely to one side.
Frequently Asked Questions
Who pays the costs of an appeal that gets reversed?
The plaintiff in error recovers costs, including the cost of the transcript or case-made filed with the petition in error.
What if the appellate court only reverses part of the judgment?
When the result is reversed in part and affirmed in part, the costs are divided equally between the parties.
Does this section cover attorney fees?
No, the text addresses costs — including transcript or case-made costs — not 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
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