Okla. Stat. tit. 63 § 1-745.43

Current through Laws 2024, c. 453.

Section 1-745.43 - Liability for costs and attorney fees

A. Notwithstanding any other law, any party including an entity, attorney, or law firm, who seeks declaratory or injunctive relief to prevent this state, a political subdivision, any governmental entity or public official in this state, or any person in this state from enforcing any statute, ordinance, rule, regulation, or any other type of law that regulates or restricts abortion or that limits taxpayer funding for individuals or entities that perform or promote abortions, in any state or federal court, or that represents any litigant seeking such relief in any state or federal court, shall be jointly and severally liable for court costs and attorney fees of the prevailing party.

B. For purposes of this section, a party is considered a prevailing party with respect to a claim or cause of action if a state or federal court:

1. Dismisses that claim or cause of action brought against the party that seeks the declaratory or injunctive relief described by subsection A of this section, regardless of the reason for the dismissal; or

2. Enters judgment in the party's favor on that claim or cause of action.

C. Regardless of whether a prevailing party sought to recover court costs or attorney fees in the underlying action, a prevailing party under this section may bring a civil action to recover court costs and attorney fees against a party including an entity, attorney, or law firm, that sought declaratory or injunctive relief described by subsection A of this section not later than three (3) years after the date on which, as applicable:

1. The dismissal or judgment described by subsection B of this section becomes final on the conclusion of appellate review; or

2. The time for seeking appellate review expires.

D. It is not a defense to an action brought under subsection C of this section that:

1. A prevailing party under this section failed to seek recovery of court costs or attorney fees in the underlying action;

2. The court in the underlying action declined to recognize or enforce the requirements of this section; or

3. The court in the underlying action held that any provisions of this section are invalid, unconstitutional, or preempted by federal law, notwithstanding the doctrines of issue or claim preclusion.

Okla. Stat. tit. 63, § 1-745.43

Added by Laws 2022 , c. 190, s. 13, eff. 5/3/2022.