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

Okla. Stat. tit. 12, § 978 (2026)

Costs on appeal

✓ current as of July 2026
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When a judgment or final order is reversed, the plaintiff in error shall recover his costs, including the costs of the transcript of the proceedings, or case-made, filed with the petition in error; and when reversed in part and affirmed in part, costs shall be equally divided between the parties. R.L. 1910, § 5261.

Notes of Decisions
Cited in 25 cases (4 in the last 5 years), 1959–2023 · leading case: King v. King, 2005 OK 4 (Okla. 2005).
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King v. King, 2005 OK 4 (Okla. 2005). · cites it 6× “Pursuant to 12 O.S.2001 § 978, the mother is entitled to $200.”
Holleyman v. Holleyman, 2003 OK 48 (Okla. 2003). · cites it 6× “14a [1] and the provisions of 12 O.S.2001 § 978. [2] Appellant's motion is granted and the three cost items sought to be recovered (totaling $333.”
Chamberlin v. Chamberlin, 720 P.2d 721 (Okla. 1986). · cites it 3× “31(a)(1) 17 and 12 O.S.1981 § 978, 18 which, for the reasons to be explained, are not applicable to post-appeal claims pressed in the trial court for appeal-related costs.”
Bd. of Cnty. Commissioners v. Lowery, 136 P.3d 639 (Okla. 2006). · cites it 3× “fees actually incurred because of the condemnation proceeding” in accordance with 66 O.S. § 55(D). ¶23 Landowners’ Motion for Appeal-Related Costs was “separately filed and labeled” and included an attached verification including taxable cost items 23 in accordance with Okla.”
Sunrizon Homes, Inc. v. Am. Guar. Inv. Corp., 782 P.2d 103 (Okla. 1989). · cites it 3× “Costs on appeal are authorized pursuant to 12 O.S.1981 § 978 when a judgment or final order is reversed.”
Jackson v. Jackson, 2002 OK 25 (Okla. 2002). “122 Title 12 O.S.1991, § 978 provides: When a judgment or final order is reversed, the plaintiff in error shall recover his costs, including the costs of the tran-seript of the proceedings, or case-made, filed with the petition in error; and when reversed in part and affirmed in…”
Cnty. Com'rs of Muskogee Co. v. Lowery, 2006 OK 31 (Okla. 2006). · cites it 3× “fees actually incurred because of the condemnation proceeding" in accordance with 66 O.S. § 55(D). ¶ 23 Landowners' Motion for Appeal-Related Costs was "separately filed and labeled" and included an attached verification including taxable cost items [23] in accordance with Okla.”
Toma v. Toma, 2007 OK 52 (Okla. 2007). · cites it 2× “2001 §§ 176 and 177 do not provide authority for attorney fees in the trial court or on appeal.”
Riffe Petroleum Co. v. Great Nat. Corp., Inc., 614 P.2d 576 (Okla. 1980). “and when reversed in part and affirmed in part, costs shall be equally divided between the parties.”
S.K.W. v. State, 2022 OK 39 (Okla. 2022). · cites it 6× “seeks these costs pursuant to 12 O.S. 2011 §978 CONCLUSION ¶19 After the Governor pardoned the appellant of five drug related crimes, appellant sought expungement of her criminal records pursuant to 22 O.”
Wilson v. Glancy, 913 P.2d 286 (Okla. 1996). · cites it 2× “4 are recoverable pursuant to 12 O.S.1991 § 978 by the successful appellant.”
N.C. Corff P'ship, Ltd. v. OXY USA, Inc., 929 P.2d 288 (Okla. Civ. App. 1996). “Inasmuch as we reverse the order of the trial court, pursuant to 12 O.S.1991 § 978, costs for appeal-related services, including attorney fees, are denied.”
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