{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-696.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-696.4","heading":"Costs and attorney fees","body":"A. A judgment, decree or appealable order may provide for\n\ncosts, attorney fees, or both of these items, but it need not\n\ninclude them. The preparation and filing of the judgment, decree,\n\nor appealable order shall not be delayed pending the determination\n\nof these items. Such items may be determined by the court if a\n\ntimely request is made, regardless of whether a petition in error\n\nhas been filed.\n\nB. If attorney fees or costs, including the amount of such\n\nattorney fees or costs have not been included in the judgment,\n\ndecree or appealable order, a party seeking any of these items must\n\nfile an application with the court clerk along with the proof of\n\nservice of the application on all affected parties in accordance\n\nwith Section 2005 of this title. The application must set forth the\n\namount requested and include information which supports that amount.\n\nThe application must be filed within thirty (30) days after the\n\nfiling of the judgment, decree or appealable order unless a\n\nposttrial motion pursuant to subsection A of Section 990.2 of this\n\ntitle has been filed within ten (10) days after the filing of the\n\njudgment, decree, or appealable order. If such a motion is filed\n\nwithin that time, the application for attorney fees, costs, or\n\ninterest shall be filed within thirty (30) days after the date an\n\norder disposing of the posttrial motion is filed. If the party\n\nfiling the application did not prepare the judgment, decree, or\n\nappealable order, and Section 696.2 of this title required a copy of\n\nthe judgment, decree, or appealable order to be mailed to the party\n\nfiling application, and the court records do not reflect the mailing\n\nof a copy of the judgment, decree, or appealable order to the party\n\nfiling the application within three (3) days, exclusive of weekends\n\nand holidays, after the filing of the judgment, decree, or\n\nappealable order, the application may be filed no later than thirty\n\n(30) days after the earliest date on which the court records show\n\nthat a copy of the judgment, decree, appealable order, or order\n\ndisposing of the posttrial motion was mailed to the party filing the\n\napplication. For good cause shown, the court may extend the time\n\nfor filing the application upon motion filed within the time that\n\nthe application could be filed. Within fifteen (15) days after the\n\napplication is filed with the court, any party may file written\n\nobjections to it, with a copy to the moving party.\n\nC. Except as provided in Subsection D of this section, an\n\napplication for attorney fees for services performed on appeal shall\n\nbe made to the appellate court by separate motion filed any time\n\nbefore issuance of mandate. The application shall cite authority\n\nfor awarding attorney fees but shall not include evidentiary\n\nmaterial concerning their amount. The appellate court shall decide\n\nwhether to award attorney fees for services on appeal, and if fees\n\nare awarded, it shall remand the case to the trial court for a\n\ndetermination of their amount. The trial court's order determining\n\nthe amount of fees is an appealable order.\n\nD. If the right of a party to recover attorney fees depends\n\nupon a determination that the party has prevailed in an action, and\n\nif the prevailing party in the action cannot be determined from the\n\ndecision of the appellate court, an application for attorney fees\n\nfor services performed on appeal shall be made to the trial court in\n\nthe manner and within the time provided in subsection B of this\n\nsection.","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":"afe8eb3f0b2a6ab08bb8de2e1b15bd2de4ec465f06fb8678de9a27f03a7d55b7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-696.3","next":"us-ok/okla.-stat.-tit.-12-12-698"},"notice":"GroundRules: Original legal text. Not legal advice."}