Okla. Stat. tit. 12, § 12-696.4: Costs and attorney fees
Where this section sits in the code
- OK Code
- Title 12
A. A judgment, decree or appealable order may provide for
costs, attorney fees, or both of these items, but it need not
include them. The preparation and filing of the judgment, decree,
or appealable order shall not be delayed pending the determination
of these items. Such items may be determined by the court if a
timely request is made, regardless of whether a petition in error
has been filed.
B. If attorney fees or costs, including the amount of such
attorney fees or costs have not been included in the judgment,
decree or appealable order, a party seeking any of these items must
file an application with the court clerk along with the proof of
service of the application on all affected parties in accordance
with Section 2005 of this title. The application must set forth the
amount requested and include information which supports that amount.
The application must be filed within thirty (30) days after the
filing of the judgment, decree or appealable order unless a
posttrial motion pursuant to subsection A of Section 990.2 of this
title has been filed within ten (10) days after the filing of the
judgment, decree, or appealable order. If such a motion is filed
within that time, the application for attorney fees, costs, or
interest shall be filed within thirty (30) days after the date an
order disposing of the posttrial motion is filed. If the party
filing the application did not prepare the judgment, decree, or
appealable order, and Section 696.2 of this title required a copy of
the judgment, decree, or appealable order to be mailed to the party
filing application, and the court records do not reflect the mailing
of a copy of the judgment, decree, or appealable order to the party
filing the application within three (3) days, exclusive of weekends
and holidays, after the filing of the judgment, decree, or
appealable order, the application may be filed no later than thirty
(30) days after the earliest date on which the court records show
that a copy of the judgment, decree, appealable order, or order
disposing of the posttrial motion was mailed to the party filing the
application. For good cause shown, the court may extend the time
for filing the application upon motion filed within the time that
the application could be filed. Within fifteen (15) days after the
application is filed with the court, any party may file written
objections to it, with a copy to the moving party.
C. Except as provided in Subsection D of this section, an
application for attorney fees for services performed on appeal shall
be made to the appellate court by separate motion filed any time
before issuance of mandate. The application shall cite authority
for awarding attorney fees but shall not include evidentiary
material concerning their amount. The appellate court shall decide
whether to award attorney fees for services on appeal, and if fees
are awarded, it shall remand the case to the trial court for a
determination of their amount. The trial court's order determining
the amount of fees is an appealable order.
D. If the right of a party to recover attorney fees depends
upon a determination that the party has prevailed in an action, and
if the prevailing party in the action cannot be determined from the
decision of the appellate court, an application for attorney fees
for services performed on appeal shall be made to the trial court in
the manner and within the time provided in subsection B of this
section.
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