Title 12, Title 12 — Civil Procedure

When a hearsay statement, or a statement defined in subparagraph b, c, d or e of paragraph 2 of subsection B of Section 2801 of this title, has been admitted in evidence, the credibility of the declarant may be attacked and, if attacked, may be supported by any evidence which wou…

legal process. A. It is the duty of the clerk of each of the courts to file together and carefully preserve in his office, all papers delivered to him for that purpose, except as provided in subsection B of this section, in every action or special proceeding. B. The court clerk m…

A. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims it to be. B. The following are illustrative examples of authenticatio…

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: 1. A document bearing a seal purporting to be that of the United States or of any state, district, commonwealth, territory or insular possession thereof, in…

The testimony of a subscribing witness is not necessary to authenticate a record unless required by the laws of the jurisdiction governing the validity of the record. Added by Laws 1978, c. 285, § 903, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 64, eff. Nov. 1, 2002.

or other identifying data. The papers in each case shall be kept in a separate file marked with the title and number of the case. If the court clerk discovers a pleading or other paper which has been filed or submitted for filing that bears an incorrect case number or other incor…

For purposes of this Code: 1. "Writings" and "recordings" means letters, words, or numbers, or their equivalent, inscribed on a tangible medium or stored in an electronic or other machine and retrievable in perceivable form by handwriting, typewriting, printing, photostating, pho…

To prove the content of a record, recording or photograph, the original record, recording or photograph is required except as otherwise provided in this Code or by other statutes. Added by Laws 1978, c. 285, § 1002, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 66, eff. Nov.…

A duplicate is admissible to the same extent as an original under this rule or as may otherwise be provided by statute unless: 1. A genuine question is raised as to the authenticity of the original; or 2. In the circumstances it would be unfair to admit the duplicate in lieu of t…

The original is not required, and a duplicate or other evidence of the contents of a record is admissible if: 1. All originals are lost or have been destroyed unless the proponent lost or destroyed them in bad faith; 2. No original can be obtained by any available judicial proces…

The contents of an official record or of a private record authorized to be recorded or filed in the public records and actually recorded or filed, if otherwise admissible, may be proved by a copy in perceivable form, certified as correct in accordance with Section 2902 of this ti…

The contents of voluminous writings, recordings or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parti…

Contents of a record may be proved by the testimony or deposition of the party against whom offered or by that party’s written admission without accounting for the nonproduction of the original. Added by Laws 1978, c. 285, § 1007, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, …

When the admissibility of other evidence of contents of a record depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Section 2104 of this title. Ho…

Upon the trial of any civil case involving injury, disease or disability, the patient, a member of the patient’s family or any other person responsible for the care of the patient, shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, dru…

A. Upon the trial of any civil action arising from personal injury, the actual amounts paid for any services in the treatment of the injured party, including doctor bills, hospital bills, ambulance service bills, drug and other prescription bills, and similar bills shall be the a…

of religious beliefs. Evidence requested for admission as substantive evidence of assemblage in the exercise of free speech or display of religious beliefs that is not connected to the direct conduct of planning, conspiring, or committing an act of violence as prescribed by law i…

plaintiff. In an action for libel or slander, it shall be sufficient to state, generally, that the defamatory matter was published or spoken of the plaintiff; and if the allegation be denied, the plaintiff must prove, on the trial, the facts, showing that the defamatory matter wa…

In the actions mentioned in the last section, the defendant may allege the truth of the matter charged as defamatory, and may prove the same, and any mitigating circumstances, to reduce the amount of damages, or he may prove either. R.L. 1910, § 4777.

In any action for the recovery of real property, it shall be described with such convenient certainty as will enable an officer holding an execution to identify it. R.L. 1910, § 4778.

From and after the passage of this act in all civil cases whereby it is necessary to incorporate, in the pleadings, facts concerning instruments of record affecting real estate, that such incorporation may be made by reference to the date of such instrument, and the book and page…

When a tender of money is alleged in any pleading, it shall not be necessary to deposit the money in court when the pleading is filed, but it shall be sufficient if the money is deposited in court at trial, or when ordered by the court. R.L. 1910, § 4782.

He shall endorse upon every paper filed with him, the day of filing it; and upon every order for a provisional remedy, and upon every undertaking given under the same, the day of its return to his office. R.L. 1910, § 5331.

Only officers of the court or persons, firms or corporations holding a certificate of authority pursuant to the Oklahoma Abstractors Law, Section 227.10 et seq. of Title 74 of the Oklahoma Statutes and other authorized court personnel may remove records or case files from the off…

If an original pleading be lost or withheld by any person the court may allow a copy thereof to be substituted. R.L. 1910, § 4783.

He shall, upon the return of every summons, enter upon the appearance docket whether or not service has been made; and, if the summons has been served, the name of the defendant or defendants summoned and the day and manner of the service upon each one. The entry shall be evidenc…

The record shall be made up from the petition, the process, return, the pleadings subsequent thereto, reports, verdicts, orders, judgments, and all material acts and proceedings of the court; but if the items of an account, or the copies of papers attached to the pleadings, be vo…

online. The Supreme Court of Oklahoma shall immediately make rules regulating the display of court records online. The rules shall ensure that all online data is displayed uniformly in all counties. The Supreme Court of Oklahoma may modify the rules as necessary. Court clerks sha…

Sections 3224 through 3237 of this title shall be known and may be cited as the Oklahoma Discovery Code. The Oklahoma Discovery Code shall govern the procedure for discovery in all suits of a civil nature in all courts in this state. Added by Laws 1982, c. 198, § 1. Amended by La…

The Discovery Code shall be construed, administered and employed by courts and parties to secure the just, speedy and inexpensive determination of every action. Added by Laws 1982, c. 198, § 2. Renumbered from § 3202 of this title by Laws 1989, c. 129, § 14, eff. Nov. 1, 1989. Am…

A. Appointment. 1. Scope. Unless a statute provides otherwise, on motion by a party or on its own motion, upon hearing unless waived, a court may in its discretion appoint a discovery master to: a. perform duties related to discovery, consented to by the parties, or b. address pr…

A. DISCOVERY METHODS; INITIAL DISCLOSURES. 1. DISCOVERY METHODS. Parties may obtain discovery regarding any matter that is relevant to any party's claim or defense by one or more of the following methods: Depositions upon oral examination or written questions; written interrogato…

A. ABUSIVE DISCOVERY. In addition to the protective orders that a court may issue pursuant to paragraph 1 of subsection C of Section 3226 of Title 12 of the Oklahoma Statutes, a protective order may be issued by the court authorizing or denying discovery in the court in which the…

funding agreement defined. As used in the Oklahoma Discovery Code: 1. "Commercial litigation funder" means any person or entity, other than an attorney permitted to charge a contingent fee for representing a party, that enters into a contract establishing a right to receive compe…

Not less than thirty (30) days nor more than sixty (60) days after the filing of a judgment, decree, or final appealable order if no appeal is taken, or within thirty (30) days after issuance of the mandate by the appellate court if appealed, the party or counsel shall withdraw, …

A. BEFORE ACTION. 1. PETITION. A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court may file a verified petition in the district court in the county of the residence of any expected adverse party f…

A. DEPOSITIONS TAKEN WITHIN OKLAHOMA. Within this state, depositions shall be taken before an officer authorized to administer oaths by the laws of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appoi…

Unless the court orders otherwise, the parties may by written stipulation: 1. Provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions; and 2. Modify other procedures gov…

A. WHEN DEPOSITIONS MAY BE TAKEN; WHEN LEAVE REQUIRED. 1. A party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court except as provided in paragraph 2 of this subsection. The attendance of witnesses may be compelled…

A. SERVING QUESTIONS; NOTICE. After commencement of the action, any party to the action may take the testimony of any person, including an opposing party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of a subpoena. The deposition o…

A. USE OF DEPOSITIONS. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the Oklahoma Evidence Code applied as though the witness were then present and testifying, may be used against any party…

A. AVAILABILITY; PROCEDURES FOR USE. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who…

for inspection and other purposes. A. IN GENERAL. A party may serve on any other party a request within the scope of Section 3226 of this title: 1. To produce and permit the requesting party or its representative to inspect, copy, test or sample the following items in the possess…

A. SCOPE WHEN ELEMENT OF CLAIM OR DEFENSE. When the physical, including the blood group, or mental condition of a party or of a person in custody or under the legal control of a party, is in controversy in any proceeding in which the person relies upon that condition as an elemen…

A. REQUEST FOR ADMISSION. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Section 3226 of this title set forth in the request that relate to statements or opinions…

Exception. A. MOTION FOR ORDER COMPELLING DISCOVERY. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: 1. APPROPRIATE COURT. An application for an order to a party may be made to the court in…

This act shall be known and may be cited as the “Structured Settlement Protection Act of 2001”. Added by Laws 2001, c. 70, § 1, eff. Nov. 1, 2001.

As used in the Structured Settlement Protection Act of 2001: 1. “Annuity issuer” means an insurer that has issued a contract to fund periodic payments under a structured settlement; 2. “Dependents” include a payee’s spouse and minor children and all other persons for whom the pay…

Not less than three (3) days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than fourteen (14) point, to include the following: 1. The amounts and due dates of the s…

payment - Required findings. No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement pa…