{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-745.43","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-745.43","heading":"Liability for costs and attorney fees","body":"A. Notwithstanding any other law, any party including an\n\nentity, attorney, or law firm, who seeks declaratory or injunctive\n\nrelief to prevent this state, a political subdivision, any\n\ngovernmental entity or public official in this state, or any person\n\nin this state from enforcing any statute, ordinance, rule,\n\nregulation, or any other type of law that regulates or restricts\n\nabortion or that limits taxpayer funding for individuals or entities\n\nthat perform or promote abortions, in any state or federal court, or\n\nthat represents any litigant seeking such relief in any state or\n\nfederal court, shall be jointly and severally liable for court costs\n\nand attorney fees of the prevailing party.\n\nB. For purposes of this section, a party is considered a\n\nprevailing party with respect to a claim or cause of action if a\n\nstate or federal court:\n\n1. Dismisses that claim or cause of action brought against the\n\nparty that seeks the declaratory or injunctive relief described by\n\nsubsection A of this section, regardless of the reason for the\n\ndismissal; or\n\n2. Enters judgment in the party's favor on that claim or cause\n\nof action.\n\nC. Regardless of whether a prevailing party sought to recover\n\ncourt costs or attorney fees in the underlying action, a prevailing\n\nparty under this section may bring a civil action to recover court\n\ncosts and attorney fees against a party including an entity,\n\nattorney, or law firm, that sought declaratory or injunctive relief\n\ndescribed by subsection A of this section not later than three (3)\n\nyears after the date on which, as applicable:\n\n1. The dismissal or judgment described by subsection B of this\n\nsection becomes final on the conclusion of appellate review; or\n\n2. The time for seeking appellate review expires.\n\nD. It is not a defense to an action brought under subsection C\n\nof this section that:\n\n1. A prevailing party under this section failed to seek\n\nrecovery of court costs or attorney fees in the underlying action;\n\n2. The court in the underlying action declined to recognize or\n\nenforce the requirements of this section; or\n\n3. The court in the underlying action held that any provisions\n\nof this section are invalid, unconstitutional, or preempted by\n\nfederal law, notwithstanding the doctrines of issue or claim\n\npreclusion.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4aef3c8db5b3bceb6819e4dc0bf463dd0cf1009826fea1cdbdec9a45bf55edde","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-745.42","next":"us-ok/okla.-stat.-tit.-63-63-1-745.44"},"notice":"GroundRules: Original legal text. Not legal advice."}
