All Roll Calls
Yes: 153 • No: 4
OklahomaHB 2117Oklahoma 2026 Regular SessionHouse
Civil procedure; enacting the Uniform Collaborative Law Act; effective date.
Sponsored By: Chris Kannady (Republican)
Became Law
Senate Committee
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 4 benefits, 0 costs, 4 mixed.
Safety protections and limits during collaboration
Lawyers must reasonably check for coercive or violent relationships before signing and keep checking during the process. When a lawyer reasonably believes that history exists between parties, collaboration cannot start or continue unless the affected person requests it. The lawyer must also reasonably believe that person’s safety can be adequately protected. Courts can issue emergency orders during collaboration to protect a party’s health, safety, welfare, or interests. Covered family or household members must qualify to seek a protective order under Oklahoma’s Protection from Domestic Abuse Act. The law leaves lawyers’ professional duties and mandatory abuse-reporting duties unchanged.
Court safeguards for collaborative dispute agreements
Parties using collaboration for a pending case must promptly file notice, which serves as a request to pause the case. They must promptly report when collaboration ends, ending any pause. Court status reports can say only whether collaboration is ongoing or finished, without assessing the dispute. Before dismissing a paused case for delay or failure to pursue it, the court must give notice and a chance to respond. Courts can approve settlements reached through collaboration. Beginning January 1, 2026, courts can also enforce recorded settlements and apply lawyer restrictions and privilege despite specified agreement or lawyer errors. Parties must have signed a record showing their intent and reasonably believed they were using collaboration. The court must also find that applying those protections serves the interests of justice.
Privacy protections for collaborative dispute talks
Collaborative communications are confidential to the extent provided by a signed agreement or other Oklahoma law. They generally cannot be forced into discovery or used as evidence, protecting parties and qualifying outside participants. Exceptions include public information or open sessions, threats or plans for violence or crime, and signed settlement agreements. Specified misconduct and abuse matters are also exceptions; the abuse exception does not apply when the Department of Human Services is a party. In specified felony or contract-rescission cases, courts must hold a private hearing before allowing disclosure. Evidence must be otherwise unavailable, its need must substantially outweigh privacy interests, and only necessary portions can be disclosed. Waiver requires all parties’ express agreement in a record or orally, plus an outside participant’s agreement when that participant’s protection is involved. Disclosure or unfair use of protected information can allow a harmed party to respond. Advance agreements may change or waive privilege, but limits protect people without prior notice.
Same-firm free lawyers for low-income parties
After collaboration ends, another lawyer in the same firm may represent you for free in the same or a related matter. Your annual income must meet the firm’s criteria for free legal help. The participation agreement must allow this representation. Firm procedures must keep the collaborative lawyer out of the matter. The law sets no statewide income cutoff and does not guarantee free representation.
Governments can keep another firm lawyer
After collaboration ends, another lawyer in the same firm may represent a government in the same or a related matter. This exception also covers government subdivisions, agencies, and instrumentalities. The participation agreement must allow the representation. Firm procedures must keep the collaborative lawyer out of the matter.
Information access with required sharing duties
During collaboration, you must share relevant information when another party requests it, without formal discovery. Disclosure must be timely, complete, honest, and informal. You must promptly update information that has materially changed. Parties can agree on the scope of sharing, and other applicable laws still apply.
Lawyer limits with narrow court exceptions
Your collaborative lawyer generally cannot represent you before a court or other tribunal in a related case. This restriction generally covers other lawyers in the same firm. Your lawyer or another firm lawyer can still seek approval of a collaborative settlement. They can seek or defend emergency orders when a replacement lawyer is not immediately available. That emergency help ends when replacement counsel is in place or reasonable protective measures are taken.
Voluntary dispute resolution with entry rules
Beginning January 1, 2026, Oklahoma’s collaborative law rules cover participation agreements signed on or after that date. The process starts when parties sign a record stating their intent, the dispute’s scope, and each lawyer’s identity and confirmation. Courts cannot force you to participate, and you can leave without giving a reason by sending written notice. Before signing, your lawyer must assess suitability and explain benefits, risks, and alternatives, including litigation, mediation, arbitration, and expert evaluation. The lawyer must explain that settlement is not guaranteed and that later representation is generally barred. The process ends through a signed full settlement, a signed partial settlement identifying excluded matters, or termination. Starting a related case or seeking court intervention against the agreement also ends the process; parties may agree to other endings. A departing lawyer must promptly notify parties. To continue, an unrepresented party has 30 days after notice to hire a replacement, reaffirm or amend the agreement, and obtain representation confirmation. The act replaces federal electronic-signature rules within its scope, but preserves Section 101(c) and does not authorize electronic delivery of Section 103(b) notices.
Sponsors & Cosponsors
Sponsor
Chris Kannady
Republican • House
Cosponsors
Brent Howard
Republican • Senate
Roll Call Votes
Senate vote • 5/7/2025
THIRD READING
Yes: 46 • No: 0
Senate vote • 4/8/2025
Committee vote: Judiciary
Yes: 7 • No: 0
House vote • 3/3/2025
THIRD READING
Yes: 90 • No: 4
House vote • 2/25/2025
DO PASS
Yes: 10 • No: 0
Bill Text
Enrolled (final version)
5/8/2025
Floor (Senate)
4/9/2025
Senate Committee Report
4/8/2025
Engrossed
3/4/2025
Floor (House)
2/28/2025
House Committee Report
2/26/2025
House Committee Substitute
2/26/2025
Introduced
1/16/2025
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