Okla. Stat. tit. 76, § 76-97
This is the official text of Okla. Stat. tit. 76, § 76-97, part of Oklahoma’s Stat. tit. 76, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 76,." Browse the sections below, each linked to its official government source.
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Filing of written report and supporting test results of
Official statutory text
prima facie showing - Expediting mesothelioma claims.
A. In any action covered by the provisions of this act, a
claimant shall file together with the complaint or other initial
pleading a written report and supporting test results constituting
the prima facie showing required pursuant to this act. In an action
where the claimant either fails to provide such prima facie evidence
or provides inadequate prima facie evidence, the defendant may,
without waiving any defenses otherwise available to him, file within
the time allotted for his Answer, a Notice of Appearance rather than
an Answer to the Complaint. The claimant shall, within ninety (90)
days of receipt of such Answer or Notice of Appearance, provide such
prima facie evidence as is called for by the provisions of this act.
The defendant in any case shall then be afforded a reasonable
opportunity to challenge the adequacy of the proffered prima facie
evidence of asbestos-related or silica-related impairment as
referenced in this section and subsection A of Section 8 of this
act. Upon a finding of failure to make the required prima facie
showing, the claimant's action shall not be placed on any trial
docket nor be the subject of any discovery other than discovery on
the issue of prima facie evidence of impairment. Upon the finding
of the required prima facie showing, no defendant shall be allowed
to challenge such prima facie showing absent a showing of
misrepresentation, fraud, and/or good cause.
B. In any action covered by the provisions of this act in which
the exposed person has received a diagnosis of mesothelioma which
meets the requirements of paragraph 1 of subsection A of Section 6
of this act, the claimant may petition the court requesting that a
trial date be set on an expedited basis. The court may, in its
discretion, provide for an expedited trial setting, if the claimant
demonstrates good cause for such an expedited trial setting and the
defendant(s) is/are not prejudiced by such an expedited trial
setting. In no event shall a trial date be set less than one
hundred twenty (120) days from the date of an order granting such a
motion and in no event shall a case be called for trial unless six
(6) months have passed between the date of the initial filing of the
case and the date of trial.
A. In any action covered by the provisions of this act, a
claimant shall file together with the complaint or other initial
pleading a written report and supporting test results constituting
the prima facie showing required pursuant to this act. In an action
where the claimant either fails to provide such prima facie evidence
or provides inadequate prima facie evidence, the defendant may,
without waiving any defenses otherwise available to him, file within
the time allotted for his Answer, a Notice of Appearance rather than
an Answer to the Complaint. The claimant shall, within ninety (90)
days of receipt of such Answer or Notice of Appearance, provide such
prima facie evidence as is called for by the provisions of this act.
The defendant in any case shall then be afforded a reasonable
opportunity to challenge the adequacy of the proffered prima facie
evidence of asbestos-related or silica-related impairment as
referenced in this section and subsection A of Section 8 of this
act. Upon a finding of failure to make the required prima facie
showing, the claimant's action shall not be placed on any trial
docket nor be the subject of any discovery other than discovery on
the issue of prima facie evidence of impairment. Upon the finding
of the required prima facie showing, no defendant shall be allowed
to challenge such prima facie showing absent a showing of
misrepresentation, fraud, and/or good cause.
B. In any action covered by the provisions of this act in which
the exposed person has received a diagnosis of mesothelioma which
meets the requirements of paragraph 1 of subsection A of Section 6
of this act, the claimant may petition the court requesting that a
trial date be set on an expedited basis. The court may, in its
discretion, provide for an expedited trial setting, if the claimant
demonstrates good cause for such an expedited trial setting and the
defendant(s) is/are not prejudiced by such an expedited trial
setting. In no event shall a trial date be set less than one
hundred twenty (120) days from the date of an order granting such a
motion and in no event shall a case be called for trial unless six
(6) months have passed between the date of the initial filing of the
case and the date of trial.
Status: in_force · Read it on the official government site
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