Okla. Stat. tit. 12, § 12-3226.1
This is the official text of Okla. Stat. tit. 12, § 12-3226.1, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Abusive discovery
Official statutory text
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 action is pending. A protective order may
also be authorized on matters relating to a deposition. The order
may be issued upon a motion by a party or the person from whom
discovery is sought. The motion shall be 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. Upon receipt by the court of the motion and certification,
the court may enter the protective order authorizing or denying the
discovery upon a finding that justice requires a party or person be
protected from annoyance, harassment, embarrassment, oppression or
undue delay, burden, or expense.
B. AWARD OF EXPENSES OF MOTION. If the motion is granted, the
court may, after opportunity for hearing, require the party or
Oklahoma Statutes - Title 12. Civil Procedure Page 511
person whose conduct necessitated the motion or the party or
attorney advising such conduct or both of them to pay to the moving
party the reasonable expenses incurred in obtaining the order,
including attorney fees, unless the court finds that the opposition
to the motion was substantially justified or that other
circumstances make an award of expenses unjust.
If the motion is denied, the court may, after opportunity for
hearing, require the moving party or the attorney advising the
motion or both of them to pay to the party or deponent who opposed
the motion the reasonable expenses incurred in opposing the motion,
including attorney fees, unless the court finds that the making of
the motion was substantially justified or that other circumstances
make an award of expenses unjust.
If the motion is granted in part and denied in part, the court
may apportion the reasonable expenses incurred in relation to the
motion among the parties and persons in a just manner.
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 action is pending. A protective order may
also be authorized on matters relating to a deposition. The order
may be issued upon a motion by a party or the person from whom
discovery is sought. The motion shall be 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. Upon receipt by the court of the motion and certification,
the court may enter the protective order authorizing or denying the
discovery upon a finding that justice requires a party or person be
protected from annoyance, harassment, embarrassment, oppression or
undue delay, burden, or expense.
B. AWARD OF EXPENSES OF MOTION. If the motion is granted, the
court may, after opportunity for hearing, require the party or
Oklahoma Statutes - Title 12. Civil Procedure Page 511
person whose conduct necessitated the motion or the party or
attorney advising such conduct or both of them to pay to the moving
party the reasonable expenses incurred in obtaining the order,
including attorney fees, unless the court finds that the opposition
to the motion was substantially justified or that other
circumstances make an award of expenses unjust.
If the motion is denied, the court may, after opportunity for
hearing, require the moving party or the attorney advising the
motion or both of them to pay to the party or deponent who opposed
the motion the reasonable expenses incurred in opposing the motion,
including attorney fees, unless the court finds that the making of
the motion was substantially justified or that other circumstances
make an award of expenses unjust.
If the motion is granted in part and denied in part, the court
may apportion the reasonable expenses incurred in relation to the
motion among the parties and persons in a just manner.
Status: in_force · Read it on the official government site
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