Plaintiff required to pay defense costs to pursue case when refiled
A new statute, 12 O.S. section 684, lets a judge require a plaintiff in a refilled case to pay the defendant's costs from the first filing. Does this not unfairly restrict access to the courts?
Answer: Moses v. Hoebel, 1982 OK 26, 646 P.2d 601 holds a similar statute unconstitutional as violating access to justice and open courts provisions.
Posted on Thu, March 17, 2011
by Sharon Coleman filed under