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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1236 By: McCall
COMMITTEE SUBSTITUTE
An Act relating to civil procedure; amending 12 O.S.
2021, Section 1438, which relates to costs and fees;
providing that a court in certain circumstances shall
award expenses which are directly incurred in
defending against a legal action; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1438, is
amended to read as follows:
Section 1438. A. If the court orders dismissal of a legal
action under the Oklahoma Citizens Participation Act, the court
shall award to the moving party:
1. Court costs, reasonable attorney fees and other expenses
which are directly incurred in defending against the legal action as
justice and equity may require; a nd
2. Sanctions against the party who brought the legal action as
the court determines sufficient to deter the party who brought the
legal action from bringing similar actions described in the Oklahoma
Citizens Participation Act.
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B. If the court finds th at a motion to dismiss filed under the
Oklahoma Citizens Participation Act is frivolous or solely intended
to delay, the court may award court costs and reasonable attorney
fees to the responding party.
SECTION 2. This act shall become effective November 1, 2023.
59-1-7930 LRB 03/02/23