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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 63, § 63-1-745.43: Liability for costs and attorney fees

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Where this section sits in the code
  1. OK Code
  2. Title 63

A. Notwithstanding any other law, any party including an

entity, attorney, or law firm, who seeks declaratory or injunctive

relief to prevent this state, a political subdivision, any

governmental entity or public official in this state, or any person

in this state from enforcing any statute, ordinance, rule,

regulation, or any other type of law that regulates or restricts

abortion or that limits taxpayer funding for individuals or entities

that perform or promote abortions, in any state or federal court, or

that represents any litigant seeking such relief in any state or

federal court, shall be jointly and severally liable for court costs

and attorney fees of the prevailing party.

B. For purposes of this section, a party is considered a

prevailing party with respect to a claim or cause of action if a

state or federal court:

1. Dismisses that claim or cause of action brought against the

party that seeks the declaratory or injunctive relief described by

subsection A of this section, regardless of the reason for the

dismissal; or

2. Enters judgment in the party's favor on that claim or cause

of action.

C. Regardless of whether a prevailing party sought to recover

court costs or attorney fees in the underlying action, a prevailing

party under this section may bring a civil action to recover court

costs and attorney fees against a party including an entity,

attorney, or law firm, that sought declaratory or injunctive relief

described by subsection A of this section not later than three (3)

years after the date on which, as applicable:

1. The dismissal or judgment described by subsection B of this

section becomes final on the conclusion of appellate review; or

2. The time for seeking appellate review expires.

D. It is not a defense to an action brought under subsection C

of this section that:

1. A prevailing party under this section failed to seek

recovery of court costs or attorney fees in the underlying action;

2. The court in the underlying action declined to recognize or

enforce the requirements of this section; or

3. The court in the underlying action held that any provisions

of this section are invalid, unconstitutional, or preempted by

federal law, notwithstanding the doctrines of issue or claim

preclusion.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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