Okla. Stat. tit. 12, § 12-3237

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:

Oklahoma Statutes - Title 12. Civil Procedure Page 533

1. APPROPRIATE COURT. An application for an order to a party

may be made to the court in which the action is pending, or, on

matters, relating to a deposition, to the district court in the

county where the deposition is being taken. An application for an

order to a deponent who is not a party shall be made to the district

court in the county where the deposition is being taken or to the

court in which the action is pending.

2. MOTION. If a deponent fails to answer a question propounded

or submitted under Section 3230 or 3231 of this title, or a

corporation or other entity fails to make a designation under

paragraph 6 of subsection C of Section 3230 or subsection A of

Section 3231 of this title, or a party fails to answer an

interrogatory submitted under Section 3233 of this title, or if a

party, in response to a request for inspection and copying submitted

under Section 3234 of this title, fails to produce documents or

respond that the inspection or copying will be permitted as

requested or fails to permit the inspection or copying as requested,

or if a party or witness objects to the inspection or copying of any

materials designated in a subpoena issued pursuant to subsection A

of Section 2004.1 of this title, the discovering party may move for

an order compelling an answer, or a designation, or an order

compelling inspection and copying in accordance with the request or

subpoena. The motion must include a statement that the movant has

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

by telephone with the person or party failing to make the discovery

in an effort to secure the information or material without court

action. When taking a deposition on oral examination, the proponent

of the question may complete or adjourn the examination before

applying for an order.

When a claim of privilege or other protection from discovery is

made in response to any request or subpoena for documents, and the

court, in its discretion, determines that a privilege log is

necessary in order to determine the validity of the claim, the court

shall order the party claiming the privilege to prepare and serve a

privilege log upon the terms and conditions deemed appropriate by

the court. The privilege log shall be served upon all other

parties. Unless otherwise ordered by the court, the privilege log

shall include, as to each document for which a claim of privilege or

other protection from discovery has been made, the following:

a. the author or authors,

b. the recipient or recipients,

c. its origination date,

d. its length,

e. the nature of the document or its intended purpose,

and

f. the basis for the objection.

Oklahoma Statutes - Title 12. Civil Procedure Page 534

The court may conduct an in camera review of the documents for which

the privilege or other protection from discovery is claimed. If the

court denies the motion in whole or in part, it may make such

protective order as it would have been empowered to make on a motion

made pursuant to subsection C of Section 3226 of this title.

3. EVASIVE OR INCOMPLETE ANSWER. For purposes of this

subsection, an evasive or incomplete answer is to be treated as a

failure to answer.

4. AWARD OF EXPENSES OF MOTION. If the motion is granted, the

court shall, after opportunity for hearing, require the party or

deponent 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.
earing, require the party or

deponent 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 shall, 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.

B. FAILURE TO COMPLY WITH ORDER.

1. SANCTIONS BY COURT IN COUNTY WHERE DEPOSITION IS TAKEN. If

a deponent fails to be sworn or to answer a question after being

directed to do so by the court in the county in which the deposition

is being taken, the failure may be considered a contempt of that

court.

2. SANCTION BY COURT IN WHICH ACTION IS PENDING. If a party or

an officer, director or managing agent of a party or a person

designated under paragraph 6 of subsection C of Section 3230 or

subsection A of Section 3231 of this title to testify on behalf of a

party fails to obey an order to provide or permit discovery,

including an order made under subsection A of this section or

Section 3235 of this title, or if a party fails to obey an order

entered under subsection F of Section 3226 of this title, the court

in which the action is pending may make such orders in regard to the

failure as are just. Such orders may include the following:

a. an order that the matters regarding which the order

was made or any other designated facts shall be taken

to be established for the purposes of the action in

accordance with the claim of the party obtaining the

order,

Oklahoma Statutes - Title 12. Civil Procedure Page 535

b. an order refusing to allow the disobedient party to

support or oppose designated claims or defenses, or

prohibiting him from introducing designated matters in

evidence,

c. an order striking out pleadings or parts thereof, or

staying further proceedings until the order is obeyed,

or dismissing the action or proceedings or any part

thereof, or rendering a judgment by default against

the disobedient party,

d. in lieu of or in addition to the orders provided for

in subparagraphs a through c of this paragraph, an

order treating as a contempt of court the failure to

obey any orders except an order to submit to a

physical or mental examination,

e. where a party has failed to comply with an order under

subsection A of Section 3235 of this title requiring

him to produce another for examination, such orders as

are listed in subparagraphs a, b and c of this

paragraph, unless the party failing to comply shows

that he is unable to produce such person for

examination,

f. if a person, not a party, fails to obey an order

entered under subsection C of Section 3234 of this

title, the court may treat the failure to obey the

order as contempt of court.

In lieu of or in addition to the orders provided for in this

paragraph, the court shall require the party failing to obey the

order or the attorney advising the party or both to pay the

reasonable expenses, including attorney fees, caused by the failure,

unless the court finds that the failure was substantially justified

or that other circumstances make an award of expenses unjust.

C. EXPENSES ON EXAMINATION OF PROPERTY. The reasonable expense

of making the property available under Section 3234 of this title
ey the

order or the attorney advising the party or both to pay the

reasonable expenses, including attorney fees, caused by the failure,

unless the court finds that the failure was substantially justified

or that other circumstances make an award of expenses unjust.

C. EXPENSES ON EXAMINATION OF PROPERTY. The reasonable expense

of making the property available under Section 3234 of this title

shall be paid by the requesting party, and at the time of the taxing

of costs in the case, the court may tax such expenses as costs, or

it may apportion such expenses between the parties, or it may

provide that they are an expense of the requesting party.

D. EXPENSES ON FAILURE TO ADMIT. If a party fails to admit the

genuineness of any document or the truth of any matter as requested

under Section 3236 of this title, and if the party requesting the

admission thereafter proves the genuineness of the document or the

truth of the matter, the party may apply to the court for an order

requiring the other party to pay him or her the reasonable expenses

incurred in making that proof, including reasonable attorney fees.

The court shall make the order unless it finds that:

1. The request was held objectionable pursuant to subsection C

of Section 3236 of this title; or

Oklahoma Statutes - Title 12. Civil Procedure Page 536

2. The admission sought was of no substantial importance; or

3. The party failing to admit had reasonable ground to believe

that he or she might prevail on the matter; or

4. There was other good reason for the failure to admit.

E. FAILURE OF PARTY TO ATTEND AT OWN DEPOSITION OR SERVE ANSWER

TO INTERROGATORIES OR RESPOND TO REQUEST FOR INSPECTION. If a party

or an officer, director or managing agent of a party or a person

designated under paragraph 6 of subsection C of Section 3230 or

subsection A of Section 3231 of this title to testify on behalf of a

party fails:

1. To appear before the officer who is to take the deposition,

after being served with a proper notice; or

2. To serve answers or objections to interrogatories submitted

under Section 3233 of this title, after proper service of the

interrogatories; or

3. To serve a written response to a request for inspection

submitted under Section 3234 of this title, after proper service of

the request,

the court in which the action is pending on motion may make such

orders in regard to the failure as are just, and among others it may

take any action authorized under subparagraphs a, b and c of

paragraph 2 of subsection B of this section. In lieu of or in

addition to any order, the court shall require the party failing to

act or the attorney advising him or her or both to pay the

reasonable expenses, including attorney fees, caused by the failure,

unless the court finds that the failure was substantially justified

or that other circumstances make an award of expenses unjust.

The failure to act as described in this subsection may not be

excused on the ground that the discovery sought is objectionable

unless the party failing to act has applied for a protective order

as provided by subsection C of Section 3226 of this title.

F. FAILURE TO PARTICIPATE IN THE FRAMING OF A DISCOVERY PLAN.

If a party or a party's attorney fails to participate in good faith

in the framing of a discovery plan by agreement as is required by

subsection F of Section 3226 of this title, the court may, after

opportunity for hearing, require such party or his or her attorney

to pay to any other party the reasonable expenses, including

attorney fees, caused by the failure.

G. ELECTRONICALLY STORED INFORMATION. Absent exceptional

circumstances, a court may not impose sanctions on a party for

failure to provide electronically stored information lost as a

result of the routine, good-faith operation of an electronic

information system.