Okla. Stat. » Title 12 — CIVIL PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 12, § 2011.1 (2026)

Finding of frivolous claim - Actions not arising out of

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contract - Award of costs and attorney fees. In any action not arising out of contract, the court may, upon ruling on a motion to dismiss an action or a motion for summary judgment or subsequent to adjudication on the merits, determine whether a claim or defense asserted in the action by a nonprevailing party was frivolous or proven knowingly false. As used in this section, "frivolous" means the claim or defense was knowingly

asserted in bad faith or without any rational argument based in law or facts to support the position of the litigant or to change existing law. As used in this section, "knowingly false" means the claim or defense was knowingly asserted with the intent to deceive which shall be proven by clear and convincing evidence. Upon so finding, the court shall enter an order requiring such nonprevailing party to reimburse the prevailing party for reasonable costs, including attorney fees, incurred with respect to such claim or defense. In addition, the court may impose any sanction authorized by Section 2011 of this title. Added by Laws 2004, c. 370, § 1, eff. Nov. 1, 2004. Amended by Laws 2007, c. 12, § 10, eff. Nov. 1, 2007; Laws 2013, 1st Ex. Sess., c. 4, § 4, emerg. eff. Sept. 10, 2013; Laws 2013, 1st Ex. Sess., c. 4, § 5, emerg. eff. Sept. 10, 2013; Laws 2022, c. 224, § 1, eff. Nov. 1, 2022. NOTE: Laws 2009, c. 228, § 15 was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed by Laws 2013, 1st Ex. Sess., c. 4, § 1, emerg. eff. Sept. 10, 2013.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2006–2022 · leading case: Elliott v. McCaleb, 2006 OK CIV APP 87, 139 P.3d 253.
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Elliott v. McCaleb, 2006 OK CIV APP 87, 139 P.3d 253. · cites it 2× “l court lacked jurisdiction to proceed on Elliotts’ claims; (2) Elliotts’ attempt to revive jurisdiction by issuing summons and serving Caleb McCaleb was frivolous and unwarranted by existing law; (3) there is no question of material fact; (4) MeCalebs are entitled to judgment…”
Mittal v. Bluestem Emergency Med., 2019 OK CIV APP 65. “1(B)(3) and 12 O.S. §2011.1. Under §1101.1(B)(3), the trial court recognized Defendants' $1,300.”
City of Nowata v. Hamilton, 2008 OK CIV APP 52, 187 P.3d 214. “T8 City argues the Hamiltons are not entitled to an award of attorney fees under 12 O.S.Supp.2004 § 2011.1, which allows reimbursement to the prevailing party of reasonable costs, including attorney fees, if a trial court grants, inter alia, a motion to dismiss an action and…”
Murlin v. Pearman, 2016 OK 47. “The other provisions of the civil pleading code, 12 O.S. 2011 §2011.1 specifically defines frivolous as "the claim or defense was knowingly asserted in bad faith or without any rational argument based in law or facts to support the position of the litigant or to change existing…”
Cobb v. Tinker Fed. Credit Union, No. 21-6020 (10th Cir. Feb. 16, 2022). “State Statutes Tinker and Attorney Defendants first argued that they were entitled to attorneys’ fees under three Oklahoma statutes: (1) Okla. Stat. tit. 12, § 2011.1 ; (2) Okla.”
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