Oklahoma Statutes

Okla. Stat. tit. 12, § 696.4 (2026)

Costs and attorney fees

✓ current as of July 2026

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A. A judgment, decree or appealable order may provide for costs, attorney fees, or both of these items, but it need not include them. The preparation and filing of the judgment, decree, or appealable order shall not be delayed pending the determination of these items. Such items may be determined by the court if a timely request is made, regardless of whether a petition in error has been filed. B. If attorney fees or costs, including the amount of such attorney fees or costs have not been included in the judgment, decree or appealable order, a party seeking any of these items must file an application with the court clerk along with the proof of service of the application on all affected parties in accordance with Section 2005 of this title. The application must set forth the amount requested and include information which supports that amount. The application must be filed within thirty (30) days after the filing of the judgment, decree or appealable order unless a posttrial motion pursuant to subsection A of Section 990.2 of this title has been filed within ten (10) days after the filing of the judgment, decree, or appealable order. If such a motion is filed within that time, the application for attorney fees, costs, or interest shall be filed within thirty (30) days after the date an order disposing of the posttrial motion is filed. If the party filing the application did not prepare the judgment, decree, or appealable order, and Section 696.2 of this title required a copy of the judgment, decree, or appealable order to be mailed to the party filing application, and the court records do not reflect the mailing of a copy of the judgment, decree, or appealable order to the party filing the application within three (3) days, exclusive of weekends and holidays, after the filing of the judgment, decree, or appealable order, the application may be filed no later than thirty (30) days after the earliest date on which the court records show

that a copy of the judgment, decree, appealable order, or order disposing of the posttrial motion was mailed to the party filing the application. For good cause shown, the court may extend the time for filing the application upon motion filed within the time that the application could be filed. Within fifteen (15) days after the application is filed with the court, any party may file written objections to it, with a copy to the moving party. C. Except as provided in Subsection D of this section, an application for attorney fees for services performed on appeal shall be made to the appellate court by separate motion filed any time before issuance of mandate. The application shall cite authority for awarding attorney fees but shall not include evidentiary material concerning their amount. The appellate court shall decide whether to award attorney fees for services on appeal, and if fees are awarded, it shall remand the case to the trial court for a determination of their amount. The trial court's order determining the amount of fees is an appealable order. D. If the right of a party to recover attorney fees depends upon a determination that the party has prevailed in an action, and if the prevailing party in the action cannot be determined from the decision of the appellate court, an application for attorney fees for services performed on appeal shall be made to the trial court in the manner and within the time provided in subsection B of this section. Added by Laws 1993, c. 351, § 11, eff. Oct. 1, 1993. Amended by Laws 1995, c. 253, § 1, eff. Nov. 1, 1995; Laws 1997, c. 102, § 4, eff. May 1, 1997; Laws 2002, c. 468, § 3, eff. Nov. 1, 2002; Laws 2004, c. 181, § 2, eff. Nov. 1, 2004; Laws 2012, c. 278, § 1, eff. Nov. 1, 2012.

Notes of Decisions

Cited in 44 cases (13 in the last 5 years), 1995–2026 · leading case: Dewey v. State Ex Rel. Oklahoma Firefighters Pension & Ret. Sys., 2001 OK 40 (Okla. 2001).

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Dewey v. State Ex Rel. Oklahoma Firefighters Pension & Ret. Sys., 2001 OK 40 (Okla. 2001). · cites it 5× “Specifically, the provisions of 12 O.S.Supp.1995 § 696.4 [36] require that while it is not necessary that interest be provided for in the judgment, parties statutorily entitled to the same may secure such interest by filing application within thirty (30) days after judgment is…”

McCormack v. Town of Granite, 913 P.2d 282 (Okla. 1996). · cites it 7× “Although no case law is cited to support this finding, Granite relies on the Oklahoma Comments to 12 O.S.Supp.1995 § 696.4 which provide in pertinent part: ".”

Finnell v. Seismic, 2003 OK 35 (Okla. 2003). “12 O.S.2001, § 696.4(C) states in pertinent part: "C.”

Patel v. Tulsa Pain Consultants, 2022 OK 56 (Okla. 2022). · cites it 2× “See 12 O.S.Supp.2019 § 696.4 See State ex rel.”

Hough v. Hough, 2004 OK 45 (Okla. 2004). “III SPECIAL MASTER'S MOTION FOR APPEAL-RELATED ATTORNEY'S FEES ¶ 12 Special master filed his "Motion for Appellate Attorney's Fees" pursuant to 12 O.S. § 696.4(C), such motion having been separately identified and contained within his Answer Brief on appeal.”

Act South, LLC v. Reco Elec. Co., 299 P.3d 505 (Okla. Civ. App. 2012). · cites it 2× “" T5 On June 10, 2011, as the prevailing party, Defendant filed an application pursuant to "12 O.S. §§ 696.4, 928, 929, 940, 942 *507 and 1101.”

Haggard v. Haggard, 1998 OK 124 (Okla. 1998). “of 12 O.S. § 696.4, and that Mrs. Haggard’s application for attorneys’ fees was, therefore, untimely.”

Crutchfield v. Marine Power Engine Co., 2009 OK 27 (Okla. 2009). “See 12 O.S.2001 § 696.4(C); Rule 1.14(b), Supreme Court Rules, 12 O0.”

Metcalf v. Metcalf, 2020 OK 20 (Okla. 2020). “See 12 O.S.§ 696.4(C). 24 Title 20 O.S. 2011 §15.”

Comanche Nation of Oklahoma v. Coffey, 2020 OK 90 (Okla. 2020). “See 12 O.S.Supp.2012 § 696.4(B); Haggard v. Haggard , 1998 OK 124, ¶ 13 , 975 P.”

Toma v. Toma, 2007 OK 52 (Okla. 2007). “14(b), 12 O.S. § 696.4(C), 42 O.S. § 176 and 42 O.”

Hinds v. Johnston, 2009 OK CIV APP 54 (Okla. Civ. App. 2009). “However, the statute further provides in pertinent part as follows: "If in the brief, the application shall be made in a separate portion that is specifically identified.”

Show all 44 citing cases →

— Okla. Stat. tit. 12, § 696.4(B) — 6 cases

Comanche Nation of Oklahoma v. Coffey, 2020 OK 90 (Okla. 2020). “See 12 O.S.Supp.2012 § 696.4(B); Haggard v. Haggard , 1998 OK 124, ¶ 13 , 975 P.”

Ladder Energy Co. v. Intrust Bank, N.A., 931 P.2d 83 (Okla. Civ. App. 1996).

Hall v. Cutsinger, 345 P.3d 412 (Okla. Civ. App. 2015).

Hall v. Cutsinger, 2015 OK CIV APP 17 (Okla. Civ. App. 2015).

Oil Valley Petroleum v. Moore, 2023 OK 90 (Okla. 2023).

— Okla. Stat. tit. 12, § 696.4(C) — 13 cases

McCormack v. Town of Granite, 913 P.2d 282 (Okla. 1996). “Although no case law is cited to support this finding, Granite relies on the Oklahoma Comments to 12 O.S.Supp.1995 § 696.4 which provide in pertinent part: ".”

Finnell v. Seismic, 2003 OK 35 (Okla. 2003). “12 O.S.2001, § 696.4(C) states in pertinent part: "C.”

Crutchfield v. Marine Power Engine Co., 2009 OK 27 (Okla. 2009). “See 12 O.S.2001 § 696.4(C); Rule 1.14(b), Supreme Court Rules, 12 O0.”

Metcalf v. Metcalf, 2020 OK 20 (Okla. 2020). “See 12 O.S.§ 696.4(C). 24 Title 20 O.S. 2011 §15.”

— Okla. Stat. tit. 12, § 696.4(D) — 1 case

Oil Valley Petroleum v. Moore, 2023 OK 90 (Okla. 2023).

— Okla. Stat. tit. 12, § 696.4(c) — 3 cases

Stroud Nat'l Bank v. Owens, 134 P.3d 870 (Okla. Civ. App. 2005).

Dewrell v. Lawrence, 58 P.3d 223 (Okla. Civ. App. 2002).

In the Matter of Est. of Akers, 138 P.3d 588 (Okla. Civ. App. 2006).

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