Okla. Stat. tit. 12, § 12-3226

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 interrogatories; production of

documents or things or permission to enter upon land or other

property, for inspection and other purposes; physical and mental

examinations; requests for admission; authorizations for release of

records; and otherwise by court order upon showing of good cause.

Except as provided in this section or unless the court orders

otherwise under this section, the frequency of use of these methods

is not limited.

2. INITIAL DISCLOSURES.

a. Except in categories of proceedings specified in

subparagraph b of this paragraph, or to the extent

otherwise stipulated or directed by order, a party,

without awaiting a discovery request, shall provide to

other parties a computation of any category of damages

claimed by the disclosing party, making available for

inspection and copying the documents or other

evidentiary material, not privileged or protected from

disclosure, on which such computation is based,

including materials bearing on the nature and extent

of injuries suffered. Subject to subsection B of this

section, in any action in which physical or mental

injury is claimed, the party making the claim shall

provide to the other parties a release or

authorization allowing the parties to obtain relevant

medical records and bills, and, when relevant, a

release or authorization for employment and scholastic

records.

b. The following categories of proceedings are exempt

from initial disclosure under subparagraph a of this

paragraph:

(1) an action for review of an administrative record,

(2) a petition for habeas corpus or other proceeding

to challenge a criminal conviction or sentence,

(3) an action brought without counsel by a person in

custody of the United States, a state, or a state

subdivision,

(4) an action to enforce or quash an administrative

summons or subpoena,

(5) an action by the United States to recover benefit

payments,

Oklahoma Statutes - Title 12. Civil Procedure Page 501

(6) an action by the United States to collect on a

student loan guaranteed by the United States,

(7) a proceeding ancillary to proceedings in other

courts, and

(8) an action to enforce an arbitration award.

c. Disclosures required under this paragraph shall be

made at or within sixty (60) days after service unless

a different time is set by stipulation or court order,

or unless a party objects that initial disclosures are

not appropriate in the circumstances of the action and

states the objection in a motion filed with the court.

In ruling on the objection, the court shall determine

what disclosures, if any, are to be made and set the

time for disclosure. A party shall make its initial

disclosures based on the information then readily

available to it and is not excused from making its

disclosures because it has not fully completed its

investigation of the case or because it challenges the

sufficiency of another party's disclosures or because

another party has not made its disclosures.

B. DISCOVERY SCOPE AND LIMITS. Unless otherwise limited by

order of the court in accordance with the Oklahoma Discovery Code,

the scope of discovery is as follows:

1. IN GENERAL.

a. Parties may obtain discovery regarding any matter, not

privileged, which is relevant to any party's claim or

defense, reasonably calculated to lead to the

discovery of admissible evidence and proportional to

the needs of the case, considering the importance of

the issues at stake in the action, the amount in

controversy, the parties' relative access to relevant

information, the parties' resources, the importance of

the discovery in resolving the issues, and whether the

burden or expense of the proposed discovery outweighs
lated to lead to the

discovery of admissible evidence and proportional to

the needs of the case, considering the importance of

the issues at stake in the action, the amount in

controversy, the parties' relative access to relevant

information, the parties' resources, the importance of

the discovery in resolving the issues, and whether the

burden or expense of the proposed discovery outweighs

its likely benefit. Information within this scope of

discovery need not be admissible in evidence to be

discoverable.

b. A party shall produce upon request pursuant to Section

3234 of this title, any insurance agreement under

which any person carrying on an insurance business may

be liable to satisfy part or all of a judgment which

may be entered in the action or to indemnify or

reimburse for payments made to satisfy the judgment.

Information concerning the insurance agreement is not

by reason of disclosure admissible in evidence at

trial. For purposes of this section, an application

Oklahoma Statutes - Title 12. Civil Procedure Page 502

for insurance shall not be treated as a part of an

insurance agreement.

c. A party shall produce upon request, pursuant to

Section 3234 of this title, any commercial litigation

funding agreement as defined in Section 3 of this act.

Information related to the commercial litigation

funding agreement is not, by reason of disclosure,

admissible as evidence at trial. Production of a

commercial litigation funding agreement shall include

a certification, by sworn affidavit, by the producing

party as to whether any funds encumbered by the terms

of the agreement have been or will be sourced from a

foreign state or agency or instrumentality of a

foreign state as defined in 28 U.S.C., Section 1603 or

22 U.S.C., Section 611, as amended. Certification

that discloses that a foreign state or agency or

instrumentality of a foreign state is such a source

shall include the identity of the foreign state,

agency, or instrumentality that is the source of the

funds. Such certification shall be supplemented or

corrected by the producing party within thirty (30)

days in the event the certification becomes incomplete

or inaccurate in a material aspect. A consumer

litigation funding agreement as defined in Section 3-

801 of Title 14A of the Oklahoma Statutes shall be

exempt from the provisions of this subparagraph.

2. LIMITATIONS ON FREQUENCY AND EXTENT.

a. By order, the court may alter the limits on the length

of depositions under Section 3230 of this title, on

the number of interrogatories under Section 3233 of

this title, on the number of requests to produce under

Section 3234 of this title, or on the number of

requests for admission under Section 3236 of this

title.

b. A party is not required to provide discovery of

electronically stored information from sources that

the party identifies as not reasonably accessible

because of undue burden or cost. On motion to compel

discovery or for a protective order, the party from

whom discovery is sought must show that the

information is not reasonably accessible because of

undue burden or cost. If that showing is made, the

court may order discovery from such sources if the

requesting party shows good cause, considering the

limitations of subparagraph c of this paragraph. The

court may specify conditions for the discovery.

Oklahoma Statutes - Title 12. Civil Procedure Page 503

c. On motion or on its own, the court shall limit the

frequency or extent of discovery otherwise allowed if

it determines that:

(1) the discovery sought is unreasonably cumulative

or duplicative, or can be obtained from some

other source that is more convenient, less

burdensome, or less expensive,

(2) the party seeking discovery has had ample

opportunity to obtain the information by

discovery in the action, or
own, the court shall limit the

frequency or extent of discovery otherwise allowed if

it determines that:

(1) the discovery sought is unreasonably cumulative

or duplicative, or can be obtained from some

other source that is more convenient, less

burdensome, or less expensive,

(2) the party seeking discovery has had ample

opportunity to obtain the information by

discovery in the action, or

(3) the proposed discovery is outside the scope

permitted by subparagraph a of paragraph 1 of

this subsection.

d. If an officer, director or managing agent of a

corporation or a government official is served with

notice of a deposition or subpoena regarding a matter

about which he or she has no knowledge, he or she may

submit at a reasonable time prior to the date of the

deposition an affidavit to the noticing party so

stating and identifying a person within the

corporation or government entity who has knowledge of

the subject matter involved in the pending action.

Notwithstanding such affidavit, the noticing party may

proceed with the deposition, subject to the noticed

witness's right to seek a protective order.

3. TRIAL PREPARATION: MATERIALS.

a. Unless as provided by paragraph 4 of this subsection,

a party may not discover documents and tangible things

that are prepared in anticipation of litigation or for

trial by or for another party or its representative,

including the other party's attorney, consultant,

surety, indemnitor, insurer or agent. Subject to

paragraph 4 of this subsection, such materials may be

discovered if:

(1) they are otherwise discoverable under paragraph 1

of this subsection, and

(2) the party shows that it has substantial need for

the materials to prepare its case and cannot,

without undue hardship, obtain their substantial

equivalent by other means.

b. If the court orders discovery of such materials, the

court shall protect against disclosure of the mental

impressions, conclusions, opinions or legal theories

of a party's attorney or other representative

concerning the litigation.

c. A party or other person may, upon request and without

the required showing, obtain the person's own previous

Oklahoma Statutes - Title 12. Civil Procedure Page 504

statement about the action or its subject matter. If

the request is refused, the person may move for a

court order, and the provisions of paragraph 4 of

subsection A of Section 3237 of this title apply to

the award of expenses. A previous statement is

either:

(1) a written statement that the person has signed or

otherwise adopted or approved, or

(2) a contemporaneous stenographic, mechanical,

electrical, or other recording, or a

transcription thereof, which recites

substantially verbatim the person's oral

statement.

4. TRIAL PREPARATION: EXPERTS.

a. Discovery of facts known and opinions held by experts,

otherwise discoverable under the provisions of

paragraph 1 of this subsection and acquired or

developed in anticipation of litigation or for trial,

may be obtained only as follows:

(1) a party may, through interrogatories, require any

other party to identify each person whom that

other party expects to call as an expert witness

at trial and give the address at which that

expert witness may be located,

(2) after disclosure of the names and addresses of

the expert witnesses, the other party expects to

call as witnesses, the party, who has requested

disclosure, may depose any such expert witnesses

subject to scope of this section. Prior to

taking the deposition the party must give notice

as required in subsections A and C of Section

3230 of this title, and
t

expert witness may be located,

(2) after disclosure of the names and addresses of

the expert witnesses, the other party expects to

call as witnesses, the party, who has requested

disclosure, may depose any such expert witnesses

subject to scope of this section. Prior to

taking the deposition the party must give notice

as required in subsections A and C of Section

3230 of this title, and

(3) in addition to taking the depositions of expert

witnesses the party may, through interrogatories,

require the party who expects to call the expert

witnesses to state the subject matter on which

each expert witness is expected to testify; the

substance of the facts and opinions to which the

expert is expected to testify and a summary of

the grounds for each opinion; the qualifications

of each expert witness, including a list of all

publications authored by the expert witness

within the preceding ten (10) years; the

compensation to be paid to the expert witness for

the testimony and preparation for the testimony;

and a listing of any other cases in which the

expert witness has testified as an expert at

Oklahoma Statutes - Title 12. Civil Procedure Page 505

trial or by deposition within the preceding four

(4) years. An interrogatory seeking the

information specified above shall be treated as a

single interrogatory for purposes of the

limitation on the number of interrogatories in

Section 3233 of this title.

b. The protection provided by paragraph 3 of this

subsection extends to communications between the

party's attorney and any expert witness retained or

specially employed to provide expert testimony in the

case or whose duties as the party's employee regularly

involve giving expert testimony, except to the extent

that the communications:

(1) relate to compensation for the expert's study or

testimony,

(2) identify facts or data that the party's attorney

provided and that the expert considered in

forming the opinions to be expressed, or

(3) identify assumptions that the party's attorney

provided and that the expert relied upon in

forming the opinions to be expressed.

c. A party may not, by interrogatories or deposition,

discover facts known or opinions held by an expert who

has been retained or specially employed by another

party in anticipation of litigation or to prepare for

trial and who is not expected to be called as a

witness at trial, except as provided in Section 3235

of this title or upon a showing of exceptional

circumstances under which it is impracticable for the

party to obtain facts or opinions on the same subject

by other means.

d. Unless manifest injustice would result:

(1) the court shall require that the party seeking

discovery pay the expert a reasonable fee for

time spent in responding to discovery under

division (2) of subparagraph a of this paragraph

and subparagraph c of this paragraph, and
stances under which it is impracticable for the

party to obtain facts or opinions on the same subject

by other means.

d. Unless manifest injustice would result:

(1) the court shall require that the party seeking

discovery pay the expert a reasonable fee for

time spent in responding to discovery under

division (2) of subparagraph a of this paragraph

and subparagraph c of this paragraph, and

(2) the court shall require that the party seeking

discovery with respect to discovery obtained

under subparagraph c of this paragraph, pay the

other party a fair portion of the fees and

expenses reasonably incurred by the latter party

in obtaining facts and opinions from the expert.

5. CLAIMS OF PRIVILEGE OR PROTECTION OF TRIAL PREPARATION

MATERIALS.

a. When a party withholds information otherwise

discoverable under the Oklahoma Discovery Code by

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claiming that it is privileged or subject to

protection as trial preparation material, the party

shall make the claim expressly and shall describe the

nature of the documents, communications, or things not

produced or disclosed in a manner that, without

revealing information itself privileged or protected,

will enable other parties to assess the applicability

of the privilege or protection.

b. If information produced in discovery is subject to a

claim of privilege or of protection as trial

preparation material, the party making the claim may

notify any party that received the information of the

claim and the basis for it. After being notified, a

party shall promptly return, sequester, or destroy the

specified information and any copies the party has;

shall not use or disclose the information until the

claim is resolved; shall take reasonable steps to

retrieve the information if the party has disclosed it

before being notified; and may promptly present the

information to the court under seal for a

determination of the claim. The producing party shall

preserve the information until the claim is resolved.

This mechanism is procedural only and does not alter

the standards governing whether the information is

privileged or subject to protection as trial

preparation material or whether such privilege or

protection has been waived.

C. PROTECTIVE ORDERS.

1. Upon motion by a party or by the person from whom discovery

is sought, accompanied by a certification that the movant has in

good faith conferred or attempted to confer, either in person or by

telephone, with other affected parties in an effort to resolve the

dispute without court action, and for good cause shown, the court in

which the action is pending or on matters relating to a deposition,

the district court in the county where the deposition is to be taken

may enter any order which justice requires to protect a party or

person from annoyance, harassment, embarrassment, oppression or

undue delay, burden or expense, including one or more of the

following:

a. that the discovery not be had,

b. that the discovery may be had only on specified terms

and conditions, including a designation of the time,

place or the allocation of expenses,

c. that the discovery may be had only by a method of

discovery other than that selected by the party

seeking discovery,

Oklahoma Statutes - Title 12. Civil Procedure Page 507

d. that certain matters not be inquired into, or that the

scope of the disclosure or discovery be limited to

certain matters,

e. that discovery be conducted with no one present except

persons designated by the court,

f. that a deposition after being sealed be opened only by

order of the court,

g. that a trade secret or other confidential research,

development or commercial information not be disclosed

or be disclosed only in a designated way, and

h. that the parties simultaneously file specified

documents or information enclosed in sealed envelopes

to be opened as directed by the court.
d by the court,

f. that a deposition after being sealed be opened only by

order of the court,

g. that a trade secret or other confidential research,

development or commercial information not be disclosed

or be disclosed only in a designated way, and

h. that the parties simultaneously file specified

documents or information enclosed in sealed envelopes

to be opened as directed by the court.

2. If the motion for a protective order is denied in whole or

in part, the court may, on such terms and conditions as are just,

order that any party or person provide or permit discovery. The

provisions of paragraph 4 of subsection A of Section 3237 of this

title apply to the award of expenses incurred in relation to the

motion. Any protective order of the court which has the effect of

removing any material obtained by discovery from the public record

shall contain the following:

a. a statement that the court has determined it is

necessary in the interests of justice to remove the

material from the public record,

b. specific identification of the material which is to be

removed or withdrawn from the public record, or which

is to be filed but not placed in the public record,

and

c. a requirement that any party obtaining a protective

order place the protected material in a sealed manila

envelope clearly marked with the caption and case

number and is clearly marked with the word

"CONFIDENTIAL", and stating the date the order was

entered and the name of the judge entering the order.

This requirement may also be satisfied by requiring

the party to file the documents pursuant to the

procedure for electronically filing sealed or

confidential documents approved for electronic filing

in the courts of this state.

3. No protective order entered after the filing and

microfilming of documents of any kind shall be construed to require

the microfilm record of such filing to be amended in any fashion.

4. The party or counsel which has received the protective order

shall be responsible for promptly presenting the order to

appropriate court clerk personnel for appropriate action.

Oklahoma Statutes - Title 12. Civil Procedure Page 508

5. All documents produced or testimony given under a protective

order shall be retained in the office of counsel until required by

the court to be filed in the case.

6. Counsel for the respective parties shall be responsible for

informing witnesses, as necessary, of the contents of the protective

order.

7. When a case is filed in which a party intends to seek a

protective order removing material from the public record, the

plaintiff(s) and defendant(s) shall be initially designated on the

petition under pseudonym such as "John or Jane Doe", or "Roe", and

the petition shall clearly indicate that the party designations are

fictitious. The party seeking confidentiality or other order

removing the case, in whole or in part, from the public record,

shall immediately present application to the court, seeking

instructions for the conduct of the case, including confidentiality

of the records.

D. SEQUENCE AND TIMING OF DISCOVERY. Unless the parties

stipulate or the court orders otherwise for the convenience of

parties and witnesses and in the interests of justice, methods of

discovery may be used in any sequence. The fact that a party is

conducting discovery, whether by deposition or otherwise, shall not

operate to delay discovery by any other party.

E. SUPPLEMENTATION OF RESPONSES. A party who has responded to

a request for discovery with a response that was complete when it

was made is under no duty to supplement the response to include

information thereafter acquired, except as follows:

1. A party is under a duty seasonably to supplement the

response with respect to any question directly addressed to:

a. the identity and location of persons having knowledge

of discoverable matters, and

b. the identity of each person expected to be called as
s complete when it

was made is under no duty to supplement the response to include

information thereafter acquired, except as follows:

1. A party is under a duty seasonably to supplement the

response with respect to any question directly addressed to:

a. the identity and location of persons having knowledge

of discoverable matters, and

b. the identity of each person expected to be called as

an expert witness at trial, the subject matter on

which the person is expected to testify, and the

substance of the testimony of the person;

2. A party is under a duty seasonably to amend a prior response

to an interrogatory, request for production, or request for

admission if the party obtains information upon the basis of which:

a. (1) the party knows that the response was incorrect

in some material respect when made, or

(2) the party knows that the response, which was

correct when made, is no longer true in some

material respect, and

b. the additional or corrective information has not

otherwise been made known to the other parties during

the discovery process or in writing; and

Oklahoma Statutes - Title 12. Civil Procedure Page 509

3. A duty to supplement responses may be imposed by order of

the court, agreement of the parties, or at any time prior to trial

through new requests for supplementation of prior responses.

F. DISCOVERY CONFERENCE. At any time after commencement of an

action, the court may direct the attorneys for the parties to appear

for a conference on the subject of discovery. The court shall do so

upon motion by the attorney for any party if the motion includes:

1. A statement of the issues as they then appear;

2. A proposed plan and schedule of discovery;

3. Any limitations proposed to be placed on discovery;

4. Any other proposed orders with respect to discovery; and

5. A statement showing that the attorney making the motion has

made a reasonable effort to reach agreement with opposing attorneys

on the matters set forth in the motion.

Each party and his attorney are under a duty to participate in

good faith in the framing of a discovery plan if a plan is proposed

by the attorney for any party. Notice of the motion shall be served

on all parties. Objections or additions to matters set forth in the

motion shall be served not later than ten (10) days after service of

the motion.

Following the discovery conference, the court shall enter an

order tentatively identifying the issues for discovery purposes,

establishing a plan and schedule for discovery, setting limitations

on discovery, if any; and determining such other matters, including

the allocation of expenses, as are necessary for the proper

management of discovery in the action. In preparing the plan for

discovery the court shall protect the parties from excessive or

abusive use of discovery. An order shall be altered or amended

whenever justice so requires.

Subject to the right of a party who properly moves for a

discovery conference to prompt convening of the conference, the

court may combine the discovery conference with a pretrial

conference.

G. SIGNING OF DISCOVERY REQUESTS, RESPONSES AND OBJECTIONS.

Every request for discovery, response or objection thereto made by a

party represented by an attorney shall be signed by at least one of

the party's attorneys of record in the party's individual name whose

address shall be stated. A party who is not represented by an

attorney shall sign the request, response or objection and state the

party's address. The signature of the attorney or party constitutes

a certification that the party has read the request, response or

objection, and that it is:

1. To the best of the party's knowledge, information and belief

formed after a reasonable inquiry consistent with the Oklahoma

Discovery Code and warranted by existing law or a good-faith

argument for the extension, modification or reversal of existing

law;

Oklahoma Statutes - Title 12. Civil Procedure Page 510
tion that the party has read the request, response or

objection, and that it is:

1. To the best of the party's knowledge, information and belief

formed after a reasonable inquiry consistent with the Oklahoma

Discovery Code and warranted by existing law or a good-faith

argument for the extension, modification or reversal of existing

law;

Oklahoma Statutes - Title 12. Civil Procedure Page 510

2. Interposed in good faith and not primarily to cause delay or

for any other improper purpose; and

3. Not unreasonable or unduly burdensome or expensive, given

the nature and complexity of the case, the discovery already had in

the case, the amount in controversy, and other values at stake in

the litigation. If a request, response or objection is not signed,

it shall be deemed ineffective.

If a certification is made in violation of the provisions of

this subsection, the court, upon motion or upon its own initiative,

shall impose upon the person who made the certification, the party

on whose behalf the request, response or objection is made, or both,

an appropriate sanction, which may include an order to pay to the

amount of the reasonable expenses occasioned thereby, including a

reasonable attorney fee.