Okla. Stat. tit. 12, § 12-3225.1

Oklahoma Statutes - Title 12. Civil Procedure Page 496

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 pretrial and posttrial discovery matters to

facilitate effective and timely resolution.

2. Required Findings. An order appointing a discovery master

under subparagraph b of paragraph 1 of subsection A of this section

shall contain the following findings by the court:

a. the appointment and referral are necessary in the

administration of justice due to the nature,

complexity or volume of the materials involved, or for

other exceptional circumstances,

b. the likely benefit of the appointment of a discovery

master outweighs its burden or expense, considering

the needs of the case, the amount in controversy, the

parties' resources, the importance of the issues at

stake in the action, the importance of the referred

issues in resolving the matter or proceeding in which

the appointment is made, and

c. the appointment will not improperly burden the rights

of the parties to access the courts.

3. Possible Expense or Delay. In appointing a discovery

master, the court shall consider the fairness of imposing the likely

expenses on the parties and shall protect against unreasonable

expense or delay.

B. Disqualification.

1. In General. A discovery master shall not have a

relationship to the parties, attorneys, action, or court that would

require disqualification of a judge, unless the parties, with the

court's approval, consent to the appointment after the discovery

master discloses any potential grounds for disqualification.

2. Disclosure. The discovery master shall disclose any

possible conflicts within fourteen (14) days of appointment.

3. Motions to Disqualify. A motion to disqualify a discovery

master shall be made within fourteen (14) days of the discovery

master's disclosure of the conflict. The discovery master shall

rule originally on any motion to disqualify.

4. Review by Assigned Judge. Any interested party who deems

himself or herself aggrieved by the refusal of a discovery master to

grant a motion to disqualify may present his or her motion to the

judge assigned to the case by filing in the case within five (5)

days from the date of the refusal a written request for rehearing.

A copy of the request shall be mailed or delivered to the judge

Oklahoma Statutes - Title 12. Civil Procedure Page 497

assigned to the case, to the adverse party and to the discovery

master.

5. Review by Presiding Judge. Any interested party who deems

himself or herself aggrieved by the refusal of the judge assigned to

the case to grant a motion to disqualify the discovery master may

present his or her motion to the presiding judge of the county in

which the case is pending. A copy of the request shall be mailed or

delivered to the presiding judge, to the adverse party, to the judge

assigned to the case, and to the discovery master.

6. Review by Supreme Court. If the hearing before the

presiding judge results in an order adverse to the movant, the

movant shall be granted not more than five (5) days to institute a

proceeding in the Supreme Court for a writ of mandamus. The Supreme

Court shall not entertain an original proceeding to disqualify a

discovery master unless it is shown that the relief sought was

previously denied by the discovery master, the judge assigned to the

case, and the presiding judge, in accordance with this section. An

order favorable to the moving party may not be reviewed by appeal or

other method.

C. Order Appointing a Discovery Master.

1. Notice. Before appointing a discovery master, the court

shall give the parties notice and an opportunity to be heard unless

waived. Any party may suggest candidates for appointment.
ge assigned to the

case, and the presiding judge, in accordance with this section. An

order favorable to the moving party may not be reviewed by appeal or

other method.

C. Order Appointing a Discovery Master.

1. Notice. Before appointing a discovery master, the court

shall give the parties notice and an opportunity to be heard unless

waived. Any party may suggest candidates for appointment.

2. Contents. The appointing order shall direct the discovery

master to proceed with all reasonable diligence and shall state:

a. the discovery master's duties, including any

investigation or enforcement duties, and any limits on

the discovery master's authority under subparagraph c

of this paragraph,

b. the circumstances, if any, in which the discovery

master may communicate ex parte with a party,

c. any limitations on the discovery master's

communications with the court,

d. the nature of the materials to be preserved and filed

as the record of the discovery master's activities,

e. the time limits, method of filing the record, other

procedures, and standards for reviewing the discovery

master's orders, findings, and recommendations, and

f. the basis, terms, and procedure for fixing the

discovery master's compensation under subsection G of

this section.

The court shall have the discretion to direct the discovery

master to circulate a proposed appointing order to the parties and

provide a time period for the parties to comment prior to the

order's entry.

3. Amending. The order may be amended at any time after notice

to the parties and an opportunity to be heard.

Oklahoma Statutes - Title 12. Civil Procedure Page 498

4. Oath. Before the appointing order shall take effect, the

discovery master shall execute and file an oath that he or she will

faithfully execute the duties imposed by the order of appointment

and any amendments thereto.

D. Discovery Master's Authority.

1. In General. Unless the appointing order directs otherwise,

a discovery master may:

a. regulate all proceedings and respond to all discovery

motions of the parties within the scope of

appointment, including resolving all discovery

disputes between the parties,

b. call discovery conferences under Rule 5 of the Rules

for District Courts, at the request of a party or on

the discovery master's own motion,

c. set procedures for the timing and orderly presentation

of discovery disputes for resolution,

d. take all appropriate measures to perform the assigned

duties fairly and efficiently, and

e. if conducting an evidentiary hearing, exercise the

appointing court's power to take and record evidence,

including compelling appearance of witnesses or

production of documents in connection with these

duties.

2. Sanctions. The discovery master may recommend any sanction

provided by Sections 2004.1, 3226.1 or 3237 of Title 12 of the

Oklahoma Statutes.

E. Discovery Master's Orders, Reports, and Recommendations. A

discovery master who issues an order, report or recommendation shall

file it and promptly serve a copy on each party. The clerk shall

enter the order, report or recommendation on the docket.

F. Action on the Discovery Master's Order, Report or

Recommendations.

1. Time to Object or Move to Adopt or Modify. A party may file

objections to or a motion to adopt or modify the discovery master's

order, report or recommendations no later than fourteen (14) days

after a copy is filed, unless this section or the court sets a

different time. If no objection or motion to adopt or modify is

filed, the district court may approve the discovery master's order,

report or recommendations without further notice or hearing.

2. Action Generally. Upon the filing of objections to or a

motion to adopt or modify the discovery master's order, report or

recommendations within the time permitted, any party may respond

within fifteen (15) days after the objections or motions are filed.
dify is

filed, the district court may approve the discovery master's order,

report or recommendations without further notice or hearing.

2. Action Generally. Upon the filing of objections to or a

motion to adopt or modify the discovery master's order, report or

recommendations within the time permitted, any party may respond

within fifteen (15) days after the objections or motions are filed.

If objections and motions are decided by the court without a

hearing, the court shall notify the parties of its ruling by mail.

In acting on a discovery master's order, report or recommendations,

the court may receive evidence and may adopt or affirm, modify,

Oklahoma Statutes - Title 12. Civil Procedure Page 499

wholly or partly reject or reverse, or resubmit to the discovery

master with instructions.

3. Reviewing Factual Findings. The court shall decide de novo

all objections to findings of fact made or recommended by a

discovery master, unless the parties, with the court's approval,

stipulate that:

a. the findings will be reviewed for clear error, or

b. the findings of a discovery master appointed under

paragraph 1 of subsection A of this section will be

final.

4. Reviewing Legal Conclusions. The court shall decide de novo

all objections to conclusions of law made or recommended by a

discovery master.

5. Reviewing Procedural Matters. Unless the appointing order

establishes a different standard of review, the court may set aside

a discovery master's ruling on a procedural matter only for an abuse

of discretion.

G. Compensation.

1. Fixing Compensation. Before or after judgment, the court

shall fix the discovery master's compensation on the basis and terms

stated in the appointing order, but the court may set a new basis

and terms after giving notice and an opportunity to be heard.

2. Payment. The compensation shall be paid either:

a. by a party or parties, or

b. from a fund that is the subject of the specific action

or proceeding, or other subject matter of the specific

action or proceeding, to the extent such fund or

subject matter is within the court's control and

within the court's in rem jurisdiction. The

compensation shall not be paid from the court fund.

3. Allocating Payment. The court shall allocate payment after

considering the nature and amount of the controversy, the parties'

means, and the extent to which any party is more responsible than

other parties for the reference to a discovery master. An interim

allocation may be amended to reflect a decision on the merits.

H. Other Statutes. A referee or master appointed under the

authority of another statute or provision is subject to this section

only when the order referring a matter to the referee or master

states that the reference is made under this section. Nothing in

this section shall be construed to replace or supersede any other

statute or provision authorizing the appointment of a referee or

master.

I. A discovery master appointed pursuant to this section acting

in such capacity shall be immune from civil liability to the same

extent as a judge of a court of this state acting in a judicial

capacity.