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12-3226.


12-3226.
   
   A. DISCOVERY METHODS. Parties may obtain discovery 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; and requests for
   admission. Unless the court orders otherwise under this section, the
   frequency of use of these methods is not limited.
   
   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. Parties may obtain discovery regarding any matter, not
   privileged, which is relevant to the subject matter involved in the
   pending action, whether it relates to the claim or defense of the
   party seeking discovery or to the claim or defense of any other party,
   including the existence, description, nature, custody, condition and
   location of any books, documents or other tangible things and the
   identity and location of persons having knowledge of any discoverable
   matter. It is not a ground for objection that the information sought
   will be inadmissible at the trial if the information sought appears
   reasonably calculated to lead to the discovery of admissible evidence.
   
   2. TRIAL PREPARATION: MATERIALS. Subject to the provisions of
   paragraph 3 of this subsection, discovery may be obtained of documents
   and tangible things otherwise discoverable under paragraph 1 of this
   subsection and prepared in anticipation of litigation or for trial by
   or for another party or by or for the representative of that other
   party, including his attorney, consultant, surety, indemnitor, only
   upon a showing that the party seeking discovery has substantial need
   of the materials in the preparation of his case and that he is unable,
   without undue hardship, to obtain the substantial equivalent of the
   materials by other means. In ordering discovery of such materials when
   the required showing has been made, the court shall protect against
   disclosure of the mental impressions, conclusions, opinions or legal
   theories of an attorney or other representative of a party concerning
   the litigation.
   
   A party may obtain, without the required showing provided for in this
   paragraph, a statement concerning the action or its subject matter
   previously made by that party. Upon request, a person not a party may
   obtain without the required showing a statement concerning the action
   or its subject matter previously made by that person. If the request
   is refused, the person may move for a court order. 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. For purposes of
   this paragraph, a statement previously made is:
   
   a. A written statement signed or otherwise adopted or approved by the
   person making it, or
   
   b. A stenographic, mechanical, electrical, or other recording, or a
   transcription thereof, which substantially recites an oral statement
   by the person making it and contemporaneously recorded.
   
   3. 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.
   
   (3) In addition to taking the deposition of an expert witness the
   party may, through interrogatories, require the party who expects to
   call the expert witness to state the subject matter on which the
   expert is expected to testify, and to state the substance of the facts
   and opinions to which the expert is expected to testify and a summary
   of the grounds for each opinion.
   
   b. A party may discover facts known or opinions held by an expert who
   has been retained or specially employed by another party in
   anticipation of litigation or preparation for trial and who is not
   expected to be called as a witness at trial, only upon motion, when
   the court may order discovery as provided in Section 3235 of this
   title or upon a showing of exceptional circumstances under which it is
   impracticable for the party seeking discovery to obtain facts or
   opinions on the same subject by any other means.
   
   c. 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 b of this paragraph.
   
   (2) The court shall require that the party seeking discovery with
   respect to discovery obtained under subparagraph b 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.
   
   4. CLAIMS OF PRIVILEGE OR PROTECTION OF TRIAL PREPARATION MATERIALS.
   When a party withholds information otherwise discoverable under the
   Oklahoma Discovery Code by 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.
   
   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, embarrassment, oppression or undue 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 or place,
   
   c. that the discovery may be had only by a method of discovery other
   than that selected by the party seeking discovery,
   
   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;
   
   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;
   
   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;
   
   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; and
   
   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 court upon motion, for
   the convenience of parties and witnesses and in the interests of
   justice, orders otherwise, 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 an expert
   witness at trial, the subject matter on which he is expected to
   testify, and the substance of his testimony.
   
   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. (i) the party knows that the response was incorrect in some
   material respect when made, or
   
   (ii) 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.
   
   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 his
   attorneys of record in his 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 his address. The signature of
   the attorney or party constitutes a certification that he has read the
   request, response or objection, and that it is:
   
   1. To the best of his 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;
   
   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's fee.
   

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