RulesofCivilProcedure.com Civil Procedure · Every State

§ 995.Frivolous Appeals, Cross-Appeals Or Original Proceedings - Dismissal and Sanctions

Chapter 15: Appeal and Error · Last amended November 1, 1996 · Last verified August 3, 2026

In one sentenceSection 995 requires the Oklahoma Supreme Court or Court of Civil Appeals to dismiss a frivolous appeal, cross-appeal, or original proceeding, and allows sanctions against the appellant, the appellant's attorney, or both, including reasonable expenses and attorney fees.

Full Text of § 995

Text size

The Oklahoma Supreme Court or Court of Civil Appeals shall dismiss an appeal that is frivolous, and may impose sanctions against the appellant, the appellant's attorney, or both. The sanctions that may be imposed may include the reasonable expenses incurred because of the filing of the appeal, including a reasonable attorney's fee. The court shall dismiss a cross-appeal or an original proceeding that is frivolous and may impose sanctions as provided by this section.

Amendment History

Added by Laws 1993, HB 1468, c. 351, §24, eff. 10/1/1993; Amended by Laws 1996, SB 1036, c. 97, §1, eff. 11/1/1996.

Plain-English Summary

A frivolous appeal doesn't just lose — it gets dismissed outright. Section 995 requires the Oklahoma Supreme Court or Court of Civil Appeals to dismiss any appeal it finds frivolous, and lets the court go further, sanctioning the appellant, the appellant's attorney, or both, with the reasonable expenses the frivolous filing caused, including a reasonable attorney fee.

The same two consequences — mandatory dismissal, discretionary sanctions — apply to a frivolous cross-appeal or an original proceeding filed directly with the appellate court.

Frequently Asked Questions

What happens if the Oklahoma Supreme Court finds an appeal frivolous?

The court must dismiss it, and may also sanction the appellant, the appellant's attorney, or both.

What can sanctions for a frivolous appeal include?

The reasonable expenses caused by filing the appeal, including a reasonable attorney fee.

Does this section apply to cross-appeals and original proceedings too?

Yes — the court must dismiss a frivolous cross-appeal or original proceeding and may impose the same sanctions.

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: frivolous appeal sanctions Oklahoma12 O.S. § 995attorney fees for frivolous appeal Oklahomadismissal of frivolous cross-appeal Oklahoma