Title 12 — Title 12 — Civil Procedure

12 O.S. § 3215 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 322 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

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…

12 O.S. § 323 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

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…

12 O.S. § 324 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

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…

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…