Title 12, Title 12 — Civil Procedure

Following a transfer of structured settlement payment rights under the Structured Settlement Protection Act of 2001: 1. The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability f…

A. An application under the Structured Settlement Protection Act for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligo…

payments - Liability. A. The provisions of the Structured Settlement Protection Act of 2001 may not be waived by any payee. B. Any transfer agreement entered into on or after the effective date of this act by a payee who resides in this state shall provide that disputes under suc…

This act shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after the thirtieth day after the date of enactment of this act; provided that nothing contained herein shall imply that any transfer under a transfer agreem…

Discovery Act. This act shall be known and may be cited as the "Uniform Interstate Depositions and Discovery Act". Added by Laws 2021, c. 184, § 1, eff. Nov. 1, 2021.

As used in this act: 1. "Foreign jurisdiction" means a state other than this state; 2. "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction; 3. "Person" means an individual, corporation, business trust, estate, trust, partnersh…

A. To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this act does not constitute an appearance …

A subpoena issued by a clerk of court under Section 3 of this act must be served in compliance with subsection B of Section 2004.1 of Title 12 of the Oklahoma Statutes. Added by Laws 2021, c. 184, § 4, eff. Nov. 1, 2021.

Subsection D of Section 2004.1 of Title 12 of the Oklahoma Statutes shall apply to subpoenas issued under Section 3 of this act. Added by Laws 2021, c. 184, § 5, eff. Nov. 1, 2021.

modify an issued subpoena. An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of court under Section 3 of this act must comply with the rules or statutes of this state and be submitted to the court in the county in which…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 2021, c. 184, § 7, eff. Nov. 1, 2021.

This act applies to requests for discovery in cases pending on November 1, 2021. Added by Laws 2021, c. 184, § 8, eff. Nov. 1, 2021.

and other information for Supreme Court, President Pro Tempore of Senate and Speaker of House. He shall keep the records and books and papers appertaining to the court and record its proceedings. He is directed to furnish without cost to the Supreme Court of Oklahoma and to the P…

SHORT TITLE. This act shall be known and may be cited as the Uniform Collaborative Law Act. Added by Laws 2025, c. 226, § 1, eff. Jan. 1, 2026.

DEFINITIONS. As used in this act: 1. “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that: a. is made to conduct, participate in, continue, or reconvene a collaborative law process, and b. occurs after the parties sign a c…

APPLICABILITY. This act applies to a collaborative law participation agreement that meets the requirements of Section 4 of this act signed on or after the effective date of this act. Added by Laws 2025, c. 226, § 3, eff. Jan. 1, 2026.

COLLABORATIVE LAW PARTICIPATION AGREEMENT; REQUIREMENTS. A. A collaborative law participation agreement must: 1. Be in a record; 2. Be signed by the parties; 3. State the parties’ intention to resolve a collaborative matter through a collaborative law process under this act; 4. D…

BEGINNING AND CONCLUDING COLLABORATIVE LAW PROCESS. A. A collaborative law process begins when the parties sign a collaborative law participation agreement. B. A tribunal may not order a party to participate in a collaborative law process over that party’s objection. C. A collabo…

PROCEEDINGS PENDING BEFORE TRIBUNAL; STATUS REPORT. A. Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a n…

EMERGENCY ORDER. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or family or household member authorized to seek a protective order pursuant to the Protection from Domestic Abuse Act. Added …

APPROVAL OF AGREEMENT BY TRIBUNAL. A tribunal may approve an agreement resulting from a collaborative law process. Added by Laws 2025, c. 226, § 8, eff. Jan. 1, 2026.

associated law firm. DISQUALIFICATION OF COLLABORATIVE LAWYER AND LAWYERS IN ASSOCIATED LAW FIRM. A. Except as otherwise provided in subsection C of this section, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related …

LOW INCOME PARTIES. A. The disqualification of subsection A of Section 9 of this act applies to a collaborative lawyer representing a party with or without fee. B. After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disquali…

GOVERNMENTAL ENTITY AS PARTY. A. The disqualification of subsection A of Section 9 of this act applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. B. After a collaborative law process concludes, anot…

DISCLOSURE OF INFORMATION. Except as provided by law other than this act, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal disc…

reporting not affected. STANDARDS OF PROFESSIONAL RESPONSIBILITY AND MANDATORY REPORTING NOT AFFECTED. This act does not affect: 1. The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or 2. The obligation of a person to…

APPROPRIATENESS OF COLLABORATIVE LAW PROCESS. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: 1. Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law …

COERCIVE OR VIOLENT RELATIONSHIP. A. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prosp…

CONFIDENTIALITY OF COLLABORATIVE LAW COMMUNICATION. A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this state other than this act. Added by Laws 2025, c. 226, § 16, eff. Jan. 1, 2026.

communication — Admissibility — Discovery. PRIVILEGE AGAINST DISCLOSURE FOR COLLABORATIVE LAW COMMUNICATION; ADMISSIBILITY; DISCOVERY. A. Subject to Sections 18 and 19 of this act, a collaborative law communication is privileged under subsection B of this section, is not subject …

WAIVER AND PRECLUSION OF PRIVILEGE. A. A privilege under Section 17 of this act may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonpart…

LIMITS OF PRIVILEGE. A. There is no privilege under Section 17 of this act for a collaborative law communication that is: 1. Available to the public under the Oklahoma Open Records Act or made during a session of a collaborative law process that is open, or is required by law to …

AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE. A. If an agreement fails to meet the requirements of Section 4 of this act, or a lawyer fails to comply with Section 14 or 15 of this act, a tribunal may nonetheless find that the parties intended to enter into a collaborative law p…

UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 2025, c. 226, § 21, eff. Jan. 1, 2026.

Commerce Act. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C., Section 7001 et seq., but does not modify, limit, or supersede Section …

The provisions of this article shall, as far as they are applicable, apply to the clerk of all courts of record. R.L. 1910, § 5334.

information for Supreme Court, President Pro Tempore of Senate and Speaker of House. The clerks of each of the courts shall exercise the powers and perform the duties imposed upon them by the statutes of this state and by the common law. The clerks of each of the courts of record…

fees. A. The duties of the court clerk may include processing of passports as permitted and prescribed by federal law and regulation if the court clerk files a written election with the Administrative Office of the Courts to process passports. Upon the filing of the election to p…

A. Every clerk of a district court shall keep a seal, to be furnished by the court, which shall contain the name of the county and the words "Oklahoma" and "District Court". The seal may be either metallic or nonmetallic. B. Every instrument, document, record, paper or other thin…

certain charges on court-controlled website. A. No court clerk shall publish on a court-controlled website any document in a case that contains a charge involving rape, sodomy, sex crimes, sexual images, lewd or indecent conduct, pornography, child abuse or neglect, domestic abus…

as a witness punishable as contempt. Disobedience of a subpoena, or refusal to be sworn or to answer as a witness, when lawfully ordered, may be punished as a contempt of the court or officer by whom his attendance or testimony is required. R.L. 1910, § 5057. Amended by Laws 1980…

When a witness fails to attend in obedience to a subpoena (except in case of a demand and failure to pay his fees), the court or officer before whom his attendance is required may issue an attachment to the sheriff, coroner or constable of the county, commanding him to arrest and…

A. The punishment for the contempt provided in Section 393 of this title shall be as follows: When the witness fails to attend, in obedience to the subpoena, except in case of a demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding F…

A witness so imprisoned by an officer before whom his deposition is being taken, may apply to a judge of a court of record, who shall have power to discharge him, if it appears that his imprisonment is illegal. R.L. 1910, § 5060.

Every attachment for the arrest, or order of commitment to prison of a witness by a court or officer, pursuant to this article, must be under the seal of the court or officer, if he have an official seal, and must specify, particularly, the cause of arrest or commitment; and if t…

Release for examination - Notice - Attorney fee award prohibited - Writ of habeas corpus. A. A person confined in any prison in this state may by order of any court of record, be required to be produced for oral examination as a witness by the court in the county where he is impr…

If a prisoner's testimony is taken by deposition, he shall remain in the custody of the official charged with the prisoner's custody. The official custodian shall afford reasonable facilities for the taking of the deposition. R.L. 1910, § 5063. Amended by Laws 1993, c. 174, § 2, …

A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county, while going, returning or attending, in obedience to a subpoena. R.L. 1910, § 5064.

At the commencement of each day after the first day, a witness may demand his fees for that day's attendance in obedience to a subpoena; and if the same be not paid, he shall not be required to remain, except witnesses subpoenaed by any state department, board, commission or legi…

No testimony given by a witness before the House of Representatives or the Senate, or before any committee established by a Resolution of the House, or Senate, or Concurrent Resolution of the two Houses of the Legislature, shall be used as evidence in any criminal proceeding agai…