Definitions.

  1. Law
  2. Oklahoma Statutes
  3. Civil Procedure
  4. Definitions.

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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.


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