Okla. Stat. » Title 23 — DAMAGES
Oklahoma Statutes

Okla. Stat. tit. 23, § 103 (2026)

Actions asserted in bad faith - Reimbursement by

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nonprevailing party of costs and fees. In any action for damages for personal injury except injury resulting in death, or in any action for damages to personal rights the court shall, subsequent to adjudication on the merits and upon motion of the prevailing party, determine whether a claim or defense asserted in the action by a nonprevailing party was asserted in bad faith, was not well grounded in fact, or was unwarranted by existing law or a good faith argument for the extension, modification, or reversal of existing law. Upon so finding, the court shall enter a judgment ordering such nonprevailing party to reimburse the prevailing party an amount not to exceed Ten Thousand Dollars ($10,000.00) for reasonable costs, including attorneys fees, incurred with respect to such claim or defense. Added by Laws 1986, c. 315, § 3, eff. Nov. 1, 1986.

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1989–2022 · leading case: Barnes v. Oklahoma Farm Bureau Mut. Ins. Co., 2004 OK 25 (Okla. 2004).
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Barnes v. Oklahoma Farm Bureau Mut. Ins. Co., 2004 OK 25 (Okla. 2004). · cites it 12× “The Court of Civil Appeals then applied 23 O.S. § 103 to limit the amount of attorney fees to be awarded to $10,000.”
Beard v. Richards, 820 P.2d 812 (Okla. 1991). · cites it 8× “The first impression issue presented is: Whether a plaintiff's claim against a defendant "was not well grounded in fact" and "unwarranted by existing law", if the defendant prevails on a directed verdict? We conclude: 1) a claim or defense of a non-prevailing party is well…”
State Ex Rel. Tal v. City of Oklahoma City, 2002 OK 97 (Okla. 2002). · cites it 2× “2d 1310 (propriety of sanctions under § 2011 and 23 O.S.2001, § 103); see also Meadows v. Wal-Mart Stores, Inc.”
Broadwater v. Courtney, 809 P.2d 1310 (Okla. 1991). · cites it 3× “Defendant filed an application for attorney fees pursuant to 23 O.S.Supp. 1986, § 103, 1 and 12 O.S.Supp.”
Booker v. Sears Roebuck & Co., 785 P.2d 297 (Okla. 1989). · cites it 4× “To extend the new indemnity farther would contravene the American Rule's legislative modification to be found in 23 O.S.Supp. 1986 § 103. [17] By the terms of § 103 the prevailing party in an action either to vindicate personal rights or for damages for personal injury may now…”
Barnes v. Oklahoma Farm Bureau Mut. Ins. Co., 2000 OK 55 (Okla. 2001). “For the same reason, we need not decide whether the COCA erred by failing to address the excessiveness/unreasonableness issue on the basis the attorney fee hearing transcript and Barnes' attorneys' time records were not included in the appellate record.”
TRW/Reda Pump v. Brewington, 829 P.2d 15 (Okla. 1992). “1987, § 2011; 23 O.S.Supp.1986, § 103 (in any action for damages for personal injury, except injury resulting in death, or in any action for damages to personal rights, attorney fees up to $10,000.”
Gilbert v. Sec. Fin. Corp. of Oklahoma, 2006 OK 58 (Okla. 2006). “[104] 23 O.S.2001, § 103. [105] Beard v. Richards, 1991 OK 117, ¶ 14 , 820 P.”
Gaines v. Maynard, 808 P.2d 672 (Okla. 1991). · cites it 2× “[16] See 23 O.S.Supp.1986 § 103, whose terms provide: "In any action for damages for personal injury except injury resulting in death, or in any action for damages to personal rights the court shall, subsequent to adjudication on the merits and upon motion of the prevailing…”
Cary by & Through Cary v. Oneok, Inc., 1997 OK 60 (Okla. 1997). · cites it 2× “) [27] The terms of 23 O.S.1991 § 103 are: "In any action for damages for personal injury except injury resulting in death, or in any action for damages to personal rights the court shall, subsequent to adjudication on the merits and upon motion of the prevailing party,…”
Bannister v. State Farm Mut. Auto. Ins., 692 F.3d 1117 (10th Cir. 2012). “In light of our holding, Bannister is not a prevailing party, and therefore is not entitled to attorney's fees under Okla. Stat. Ann. tit. 23, § 103 , as he contends.”
Ballinger v. Sec. Connecticut Life Ins. Co., 862 P.2d 68 (Okla. 1993). · cites it 4× “Plaintiff further argues that she was entitled to attorney fees for defending against defendant's "frivolous claims and assertions," by virtue of 23 O.S. § 103. [2] The trial court found no bad faith on defendant's part and we have affirmed that finding.”
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