Anti-SLAPP Laws in Oklahoma

At a glance

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 (§ 1431).

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 (§ 1435(B)).

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).