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In all other cases, Oklahoma follows the ?American Rule? which means parties to a lawsuit are expected to pay their own cases. Because each party bears the burden of only its' own expenses, parties are not faced with paying more if they lose and are less likely to use the judicial system.
shifting statute is a law that applies to specific types of lawsuits and provides that the prevailing party be entitled to recovery of reasonable attorney's fees in addition to any damages recovered.
Oklahoma Code Comment 12 O.S. § 95 provides a limitation of five years on a contract in writing, and three years on an oral contract.
Fee-shifting statutes and rules vary, sometimes requiring the loser in a legal matter to pay for the legal fees and costs of the prevailing party. But in some circumstances, the fees are unilaterally shifted so that losing defendants must pay the plaintiff's reasonable attorney fees and costs.
The fee-shifting provisions of the Patent and Lanham Acts?both ratified before Section 505?identically provide that a court ?in exceptional cases may award reasonable attorney fees to the prevailing party.? 35 U.S.C. § 285; 15 U.S.C. § 1117(a).