2015 Oklahoma Statutes
Title 12. Civil Procedure
§12-1431. Definitions.

12 OK Stat § 12-1431 (2015) What's This?

As used in the Oklahoma Citizens Participation Act:

1. "Communication" means the making or submitting of a statement or document in any form or medium, including oral, visual, written, audiovisual or electronic;

2. "Exercise of the right of association" means a communication between individuals who join together to collectively express, promote, pursue or defend common interests;

3. "Exercise of the right of free speech" means a communication made in connection with a matter of public concern;

4. "Exercise of the right to petition" means any of the following:

a.a communication in or pertaining to:

(1)a judicial proceeding,

(2)an official proceeding, other than a judicial proceeding, to administer the law,

(3)an executive or other proceeding before a department or agency of the state or federal government or a political subdivision of the state or federal government,

(4)a legislative proceeding, including a proceeding of a legislative committee,

(5)a proceeding before an entity that requires by rule that public notice be given before proceedings of that entity,

(6)a proceeding in or before a managing board of an educational or eleemosynary institution supported directly or indirectly from public revenue,

(7)a proceeding of the governing body of any political subdivision of this state,

(8)a report of or debate and statements made in a proceeding described by division (3), (4), (5), (6) or (7) of this subparagraph, or

(9)a public meeting dealing with a public purpose, including statements and discussions at the meeting or other matters of public concern occurring at the meeting,

b.a communication in connection with an issue under consideration or review by a legislative, executive, judicial or other governmental body or in another governmental or official proceeding,

c.a communication that is reasonably likely to encourage consideration or review of an issue by a legislative, executive, judicial or other governmental body or in another governmental or official proceeding,

d.a communication reasonably likely to enlist public participation in an effort to effect consideration of an issue by a legislative, executive, judicial or other governmental body or in another governmental or official proceeding, and

e.any other communication that falls within the protection of the right to petition government under the Constitution of the United States or the Oklahoma Constitution;

5. "Governmental proceeding" means a proceeding, other than a judicial proceeding, by an officer, official or body of this state or a political subdivision of this state, including an agency, board or commission, or by an officer, official or body of the federal government;

6. "Legal action" means a lawsuit, cause of action, petition, complaint, cross-claim, counterclaim or any other judicial pleading or filing that requests legal or equitable relief;

7. "Matter of public concern" means an issue related to:

a.health or safety,

b.environmental, economic or community well-being,

c.the government,

d.a public official or public figure, or

e.a good, product or service in the marketplace;

8. "Official proceeding" means any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant; and

9. "Public servant" means a person elected, selected, appointed, employed or otherwise designated as one of the following, even if the person has not yet qualified for office or assumed the person's duties:

a.an officer, employee or agent of government,

b.a juror,

c.an arbitrator, referee or other person who is authorized by law or private written agreement to hear or determine a cause or controversy,

d.an attorney or notary public when participating in the performance of a governmental function, or

e.a person who is performing a governmental function under a claim of right but is not legally qualified to do so.

Added by Laws 2014, c. 107, § 2, eff. Nov. 1, 2014.

Disclaimer: These codes may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.