{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1101.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1101.1","heading":"Civil actions - Offers of judgment - Counteroffers -","body":"Recovery of costs and attorney fees.\n\nA. Actions for personal injury, wrongful death, and certain\n\nspecified actions.\n\n1. Subject to the provisions of paragraph 5 of this subsection,\n\nafter a civil action is brought for the recovery of money as the\n\nresult of a claim for personal injury, wrongful death, or pursuant\n\nto Chapter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma\n\nStatutes, any defendant may file with the court, at any time more\n\nthan ten (10) days prior to trial, an offer of judgment for a sum\n\ncertain to any plaintiff with respect to the action or any claim or\n\nclaims asserted in the action. An offer of judgment shall be deemed\n\nto include any costs or attorney fees otherwise recoverable unless\n\nit expressly provides otherwise. If an offer of judgment is filed,\n\neach plaintiff to whom an offer of judgment is made shall, within\n\nten (10) days, file:\n\na. a written acceptance or rejection of such offer, or\n\nb. a counteroffer of judgment, as described in paragraph\n\n2 of this subsection.\n\nIf the plaintiff fails to file a timely response, the offer of\n\njudgment shall be deemed rejected. The fact an offer of judgment is\n\nmade but not accepted or is deemed rejected does not preclude\n\nsubsequent timely offers of judgment.\n\n2. In the event a defendant files an offer of judgment, the\n\nplaintiff may, within ten (10) days, file with the court a\n\ncounteroffer of judgment directed to each defendant who has filed an\n\noffer of judgment. If a counteroffer of judgment is filed, each\n\ndefendant to whom the counteroffer of judgment is made shall, within\n\nten (10) days, file a written acceptance or rejection of the\n\ncounteroffer of judgment. If a defendant fails to file a timely\n\nresponse, the counteroffer of judgment shall be deemed rejected.\n\nThe fact a counteroffer of judgment is made but not accepted or\n\ndeemed rejected does not preclude subsequent counteroffers of\n\njudgment if subsequent offers of judgment are made.\n\n3. In the event the plaintiff rejects the offer(s) of judgment\n\nand the judgment awarded the plaintiff is less than the final offer\n\nof judgment, then the defendant filing the offer of judgment shall\n\nbe entitled to recover reasonable litigation costs and reasonable\n\nattorney fees incurred by that defendant from the date of filing of\n\nthe final offer of judgment until the date of the verdict. Such\n\ncosts and fees may be offset from the judgment entered against the\n\noffering defendant; provided, however, that prior to any such\n\noffset, the plaintiff's attorney may:\n\na. exercise any attorneys lien claimed in an amount not\n\nto exceed twenty-five percent (25%) of the judgment,\n\nand\n\nb. recover the plaintiff's reasonable litigation costs,\n\nnot to exceed an additional fifteen percent (15%) of\n\nthe judgment or Five Thousand Dollars ($5,000.00),\n\nwhichever is greater.\n\n4. In the event a defendant rejects the counteroffer(s) of\n\njudgment and the judgment awarded to the plaintiff is greater than\n\nthe final counteroffer of judgment, the plaintiff shall be entitled\n\nto recover reasonable litigation costs and reasonable attorney fees\n\nincurred by the plaintiff from the date of filing of the final\n\ncounteroffer of judgment until the date of the verdict. Such costs\n\nand fees may be added to the judgment entered in favor of the\n\nplaintiff.\n\n5. The provisions of this subsection shall apply only where the\n\nplaintiff demands in a pleading or in trial proceedings more than\n\nOne Hundred Thousand Dollars ($100,000.00), or where the defendant\n\nmakes an offer of judgment more than One Hundred Thousand Dollars\n\n($100,000.00). Any offer of judgment may precede the demand.\n\nB. Other actions.\n\n1. After a civil action is brought for the recovery of money or\n\nproperty in an action other than for personal injury, wrongful death\n\nor pursuant to Chapter 21 of Title 25 or Section 5 of Title 85 of\n\nthe Oklahoma Statutes, any defendant may file with the court, at any\njudgment more than One Hundred Thousand Dollars\n\n($100,000.00). Any offer of judgment may precede the demand.\n\nB. Other actions.\n\n1. After a civil action is brought for the recovery of money or\n\nproperty in an action other than for personal injury, wrongful death\n\nor pursuant to Chapter 21 of Title 25 or Section 5 of Title 85 of\n\nthe Oklahoma Statutes, any defendant may file with the court, at any\n\ntime more than ten (10) days prior to trial, an offer of judgment\n\nfor a sum certain to any plaintiff with respect to the action or any\n\nclaim or claims asserted in the action. An offer of judgment shall\n\nbe deemed to include any costs and attorney fees otherwise\n\nrecoverable unless it expressly provides otherwise. If an offer of\n\njudgment is filed, the plaintiff or plaintiffs to whom the offer of\n\njudgment is made shall, within ten (10) days, file:\n\na. a written acceptance or rejection of the offer, or\n\nb. a counteroffer of judgment, as described in paragraph\n\n2 of this subsection.\n\nIf a plaintiff fails to file a timely response, the offer of\n\njudgment shall be deemed rejected. The fact an offer of judgment is\n\nmade but not accepted or is deemed rejected does not preclude\n\nsubsequent timely offers of judgment.\n\n2. In the event a defendant files an offer of judgment, the\n\nplaintiff may, within ten (10) days, file with the court a\n\ncounteroffer of judgment to each defendant who has filed an offer of\n\njudgment and the claim or claims which are the subject thereof. If\n\na counteroffer of judgment is filed, each defendant to whom a\n\ncounteroffer of judgment is made shall, within ten (10) days, file a\n\nwritten acceptance or rejection of the counteroffer of judgment. If\n\na defendant fails to file a timely response, the counteroffer of\n\njudgment shall be deemed rejected. The fact a counteroffer of\n\njudgment is made but not accepted or is deemed rejected does not\n\npreclude subsequent counteroffers of judgment if subsequent offers\n\nof judgment are made.\n\n3. If no offer of judgment or counteroffer of judgment is\n\naccepted and the judgment awarded the plaintiff is less than one or\n\nmore offers of judgment, the defendant shall be entitled to\n\nreasonable litigation costs and reasonable attorney fees incurred by\n\nthe defendant with respect to the action or the claim or claims\n\nincluded in the offer of judgment from and after the date of the\n\nfirst offer of judgment which is greater than the judgment until the\n\ndate of the judgment. Such costs and fees may be offset from the\n\njudgment entered against the offering defendant.\n\n4. If no offer of judgment or counteroffer of judgment is\n\naccepted and the judgment awarded the plaintiff is greater than one\n\nor more counteroffers of judgment, the plaintiff shall be entitled\n\nto recover the reasonable litigation costs and reasonable attorney\n\nfees incurred by the plaintiff with respect to the action or the\n\nclaim or claims included in the counteroffer of judgment from and\n\nafter the date of the first counteroffer of judgment which is less\n\nthan the judgment until the date of the judgment. Such costs and\n\nfees may be added to the judgment entered in favor of the plaintiff.\n\n5. An award of reasonable litigation costs and reasonable\n\nattorneys fees under paragraph 3 of this subsection shall not\n\npreclude an award under paragraph 4 of this subsection, and an award\n\nunder paragraph 4 of this subsection shall not preclude an award\n\nunder paragraph 3 of this subsection.\n\n6. This subsection shall not apply to actions brought pursuant\n\nto Chapter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma\n\nStatutes.\n\nC. For purposes of comparing the amount of a judgment with the\n\namount of an offer under paragraph 3 or 4 of subsection A of this\n\nsection or paragraph 3 or 4 of subsection B of this section,\n\nattorney fees and costs otherwise recoverable shall be included in\n\nthe amount of the compared judgment only if the offer was inclusive\nter 21 of Title 25 or Section 5 of Title 85 of the Oklahoma\n\nStatutes.\n\nC. For purposes of comparing the amount of a judgment with the\n\namount of an offer under paragraph 3 or 4 of subsection A of this\n\nsection or paragraph 3 or 4 of subsection B of this section,\n\nattorney fees and costs otherwise recoverable shall be included in\n\nthe amount of the compared judgment only if the offer was inclusive\n\nof attorney fees and costs. Fees or costs recoverable for work\n\nperformed after the date of the offer shall not be included in the\n\namount of the judgment for purposes of comparison.\n\nD. Evidence of an offer of judgment or a counteroffer of\n\njudgment shall not be admissible in any action or proceeding for any\n\npurpose except in proceedings to enforce a settlement arising out of\n\nan offer of judgment or counteroffer of judgment or to determine\n\nreasonable attorneys fees and reasonable litigation costs under this\n\nsection.\n\nE. This section shall apply whether or not litigation costs or\n\nattorneys fees are otherwise recoverable.\n\nF. The provisions of this section are severable, and if any\n\npart or provision thereof shall be held void, the decision of the\n\ncourt shall not affect or impair any of the remaining parts or\n\nprovisions thereof.\n\nG. This section shall apply to all civil actions filed after\n\nthe effective date of this act.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a2dccddf828b449f510bc3e046db64df0a3120bbc54bab8b4290eef9f3d46d21","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1101","next":"us-ok/okla.-stat.-tit.-12-12-1102"},"notice":"GroundRules: Original legal text. Not legal advice."}