Oklahoma: Anti-SLAPP Laws

The short answer

Oklahoma's Citizens Participation Act (OCPA), enacted in 2014 and modeled on
Texas's Citizens Participation Act, protects you if you're sued over your
exercise of free speech, the right to petition, or the right of association.
File a motion to dismiss within 60 days of being served, and discovery
automatically stops. The plaintiff then has to clear a real hurdle: showing,
by "clear and specific evidence," a prima facie case for every element of
the claim. If you win, fees, costs, and deterrent sanctions are mandatory,
and either side can immediately appeal a ruling — or the court's failure to
rule in time.

Requirements one by one

Governing law

The Oklahoma Citizens Participation Act is codified at 12 O.S. §§ 1430 to
1440 (Chapter 24A of Title 12), enacted by Laws 2014, c. 107, effective
November 1, 2014. Its exemptions section, § 1439, has been amended twice
since: in 2022 to add an insurance-code/insurance-contract carve-out, and in
2025 (effective November 1, 2025 — already in force) to add a carve-out for
certain officer-director, employee-employer, and independent-contractor
disputes. No other section has changed since 2014.

What speech or conduct is protected

The Act covers a legal action based on, relating to, or brought in response
to your exercise of the right of free speech (a communication on a matter
of public concern), the right to petition (a communication in or
pertaining to a governmental proceeding), or the right of association (a
communication between people collectively pursuing common interests). The
Act defines "matter of public concern" broadly — it reaches health and
safety, environmental, economic, or community well-being, government and
public officials or figures, and even a good, product, or service in the
marketplace.

The motion to dismiss

File within 60 days of being served with the legal action, or later if you
can show good cause. The court must set a hearing within 60 days of serving
the motion, though docket conditions, good cause, or party agreement can
push that to 90 days — and if the court allows limited discovery, the
hearing can be pushed all the way to 120 days after the motion was served.
Filing the motion automatically suspends all discovery until the court
rules, though a party can still get specific, limited discovery allowed on
a showing of good cause.

Burden of proof

You, as the moving party, first have to show by a preponderance of the
evidence that the lawsuit is based on, relates to, or responds to your
exercise of a protected right. If you clear that bar, the burden shifts to
the plaintiff, who must establish — by "clear and specific evidence" — a
prima facie case for every essential element of the claim. That's a
meaningfully higher bar than notice pleading. Even if the plaintiff clears
it, the court still has to dismiss if you separately prove, by a
preponderance of the evidence, every element of a valid defense.

Attorney's fees

If the court dismisses under the Act, it must award you court costs,
reasonable attorney fees, and other litigation expenses as justice and
equity require, plus sanctions the court finds sufficient to deter the
plaintiff from filing similar suits again. Oklahoma courts have confirmed
the fee award itself is mandatory — the "as justice and equity may require"
language only qualifies the separate "other expenses" component, not the
attorney-fee award. Going the other way, a plaintiff who prevails only
recovers fees if the court finds your motion was frivolous or filed solely
to delay.

Right to appeal

A ruling on the motion — a grant or a denial — can be appealed on an
expedited basis, whether or not it would normally count as interlocutory.
If the court simply never rules within the time the Act sets for its
decision, the motion is treated as denied by operation of law, and you can
appeal that deemed denial just as you would an actual one.

Exemptions

The Act doesn't apply to an enforcement action brought in the state's name
by the Attorney General or a district attorney; a claim against a business
primarily selling or leasing goods, services, or insurance, arising from a
communication aimed at an actual or potential buyer; a bodily-injury,
wrongful-death, or survival claim; or a claim under the Oklahoma Insurance
Code or an insurance contract. Since November 1, 2025, it also doesn't
apply to a claim arising out of an officer-director, employee-employer, or
independent-contractor relationship that seeks recovery for misappropriated
trade secrets or corporate opportunities, or that seeks to enforce a
non-disparagement agreement, non-compete, non-disclosure agreement, or
confidentiality agreement.

What trips people up

The 2025 employment-relationship exemption is new — older sources won't
mention it. Several older summaries of the Act's exemptions list only
four categories. As of November 1, 2025, there's a fifth: claims arising
from an officer-director, employee-employer, or independent-contractor
relationship over trade secrets, corporate opportunities, or enforcing a
non-disparagement, non-compete, non-disclosure, or confidentiality
agreement. Don't rely on a pre-2025 summary of the exemptions list.

"Clear and specific evidence" is a real evidentiary hurdle, not a
pleading standard. The plaintiff can't just repeat the allegations in the
complaint — courts require a prima facie case for each essential element,
supported by actual evidence, at this early stage.

A court's silence can be appealed just like a ruling. If the court
doesn't rule within the Act's own deadline, the statute treats that as a
denial you can immediately appeal — you don't have to keep waiting for an
actual order.

Common questions

Does this protect a negative online review I posted about a local
business? It can, if the review is a communication on a matter of public
concern — but check the exemption for claims against a business over its
own sale or lease of goods or services; that carve-out is aimed at
commercial communications to actual or potential buyers and can cut the
other way depending on the facts.

What happens if the judge just doesn't rule on my motion in time? The
motion is deemed denied by operation of law, and you can immediately appeal
that deemed denial on an expedited basis, the same as an actual ruling.

If I win my motion, do I automatically get my attorney's fees? Yes —
the fee award to a prevailing movant is mandatory, not discretionary. Only
the additional "other expenses" component is subject to the court's
judgment about what justice and equity require.

Statutes and sources

• 12 O.S. § 1430 — "A. This act may be known and shall be cited as the
  'Oklahoma Citizens Participation Act'. B. The purpose of the Oklahoma
  Citizens Participation Act is to encourage and safeguard the
  constitutional rights of persons to petition, speak freely, associate
  freely and otherwise participate in government... and, at the same time,
  protect the rights of a person to file meritorious lawsuits for
  demonstrable injury." Source:
  https://govt.westlaw.com/okjc/Document/N42863800212011E4AAD0EB2078106970
  (accessed 2026-07-05).
• 12 O.S. § 1432 — "A. If a legal action is based on, relates to or is
  in response to a party's exercise of the right of free speech, right to
  petition or right of association, that party may file a motion to
  dismiss the legal action. B. A motion to dismiss... shall be filed no
  later than sixty (60) days after the date of service of the legal
  action... C.... on the filing of a motion... all discovery in the legal
  action shall be suspended until the court has ruled on the motion to
  dismiss." Source:
  https://govt.westlaw.com/okjc/Document/N41A2B5D0212011E4AAD0EB2078106970
  (accessed 2026-07-05).
• 12 O.S. § 1433 — "A. A hearing on a motion... shall be set no later
  than sixty (60) days after the date of service of the motion... but in no
  event shall the hearing occur more than ninety (90) days after service...
  C. If the court allows discovery under subsection B of Section 6 of this
  act, the court may extend the hearing date... but in no event shall the
  hearing occur more than one hundred twenty (120) days after the service
  of the motion to dismiss." Source:
  https://govt.westlaw.com/okjc/Document/N42AEF5B0212011E4ABCDC78FBA1CE1BA
  (accessed 2026-07-05).
• 12 O.S. § 1434 — "B.... a court shall dismiss a legal action against
  the moving party if the moving party shows by a preponderance of the
  evidence that the legal action is based on, relates to or is in response
  to the party's exercise of: 1. The right of free speech; 2. The right to
  petition; or 3. The right of association. C. The court shall not dismiss
  a legal action under this section if the party filing the legal action
  establishes by clear and specific evidence a prima facie case for each
  essential element of the claim in question. D. Notwithstanding... the
  court shall dismiss a legal action against the moving party if the moving
  party establishes by a preponderance of the evidence each essential
  element of a valid defense." Source:
  https://govt.westlaw.com/okjc/Document/N441340A0212011E4AE3B820D5D09266B
  (accessed 2026-07-05).
• 12 O.S. § 1437 — "A. If a court does not rule on a motion to
  dismiss... in the time prescribed by Section 5 of the act, the motion
  shall be considered denied by operation of law and the moving party may
  appeal. B. An appellate court shall expedite an appeal or other writ,
  whether interlocutory or not, from a trial court order on a motion to
  dismiss... or from a trial court's failure to rule on that motion in the
  time prescribed..." Source:
  https://govt.westlaw.com/okjc/Document/N0EC75E00212911E4AAACE045192EDF1C
  (accessed 2026-07-05).
• 12 O.S. § 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 incurred in defending against the legal action as justice and
  equity may require; and 2. Sanctions against the party who brought the
  legal action as the court determines sufficient to deter the party...
  from bringing similar actions... B. If the court finds that a motion to
  dismiss... is frivolous or solely intended to delay, the court may award
  court costs and reasonable attorney fees to the responding party." Source:
  https://govt.westlaw.com/okjc/Document/N0EFA06C0212911E4ABCDC78FBA1CE1BA
  (accessed 2026-07-05).
• 12 O.S. § 1439 — "The Oklahoma Citizens Participation Act shall not
  apply to: 1. An enforcement action... brought... by the Attorney General
  or a district attorney; 2. A legal action brought against a person
  primarily engaged in the business of selling or leasing goods or
  services, if the statement or conduct the action is based upon arises out
  of the sale or lease of goods, services, or an insurance product...; 3. A
  legal action seeking recovery for bodily injury, wrongful death or
  survival...; 4. A legal action brought under the Oklahoma Insurance Code
  or arising out of an insurance contract; or 5. A civil action arising
  from an officer-director, employee-employer, or independent contractor
  relationship that: a. seeks recovery for misappropriation of trade
  secrets or corporate opportunities, or b. seeks to enforce a
  non-disparagement agreement, covenant not to compete, non-disclosure
  agreement, or confidentiality agreement." Source:
  https://govt.westlaw.com/okjc/Document/N4D0157B0722711F09662B1C834A2E165
  (accessed 2026-07-05).