Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1428 Compare Versions

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Version 2 (New)

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3		-	ENGR. S. B. NO. 1428 Page 1 1
	3	+	SENATE FLOOR VERSION - SB1428 SFLR Page 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 1428 By: Howard of the Senate
	29	+	SENATE FLOOR VERSION
	30	+	February 22, 2022
	31	+	AS AMENDED
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31		-	~~and~~
	33	+	SENATE BILL NO. 1428 By: Howard
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33		-	Stinson of the House
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38	39		An Act relating to civil procedure; amending 12 O.S.
39	40		2021, Sections 940 and 1101, which relate to offers
40	41		of judgment; conforming language; modifying
41	42		procedures for offers of judgment; establishing
42	43		deadline for filing certain offer ; requiring filing
43	44		of accepted offer with court clerk; providing for
44	45		inadmissibility of unaccepted o ffer; requiring
45	46		payment of certain costs after unaccepted offer under
46	47		certain circumstances; specifying acceptable
47	48		litigation costs; esta blishing requirements for
48	49		comparison of judgment an d offer; requiring offer of
49	50		judgment letter to include certain information;
50	51		stating applicability of provisions; repealing 12
51	52		O.S. 2021, Sections 1101.1 and 1106, which relate to
52	53		offers of judgment and offer in court by defendant to
53	54		confess judgment for part of amount claim ed; and
54	55		providing an effective date.
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60	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
61	62		SECTION 1. AMENDATORY 12 O.S. 2021, Section 940, is
62	63		amended to read as follows:
63	64		Section 940. A. In any civil action to recover damages for the
64	65		negligent or willful injury to property and any other incidental
65	66		costs related to such act ion, the prevailing party shall be allowed
66	67		reasonable attorney’s fees, court costs and inte rest to be set by
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68		-	ENGR. S. B. NO. 1428 Page 2 1
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93	95		the court and to be taxed and collected as other costs of the
94	96		action.
95	97		B. Provided that, the defenda nt in such action may, not less
96	98		than ten (10) days after being served wit h summons, serve upon the
97	99		plaintiff or his attorney a written off er to allow judgment to be
98	100		taken against him. If the plaintiff accepts the offer and gives
99	101		notice thereof to the defe ndant or his attorney, within five (5)
100	102		days after the offer was served, t he offer, and an affidavit that
101	103		the notice of acceptance was deli vered within the time limited, may
102	104		be filed by the plaintiff, or the defendant, verified by affidavit.
103	105		The offer and acceptance shall be noted in the journal, and j udgment
104	106		shall be rendered accordingly. If the notice of acceptance is not
105	107		given in the period limited, the offer shall be deemed withdrawn,
106	108		and shall not be given in evidence or mentioned at the trial. If
107	109		upon the action being adjudicated the judgment re ndered is for the
108	110		defendant or for the plaintiff and is for a lesser amount than the
109	111		defendant’s offer, then the plaintiff shall not be entitled to
110	112		recover attorney’s fees, court costs and interest. If the ju dgment
111	113		rendered is for the plaintiff, and is fo r the same amount as the
112	114		defendant’s offer, then the plaintiff and defendant shall incur
113	115		their own attorney’s fees, court costs and interest. And if the
114	116		judgment rendered is for the plaintiff, and is for a la rger amount
115	117		than the defendant’s offer, then the plaintiff shall be entit led to
116	118		recover attorney’s fees, court costs and interest.
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118		-	ENGR. S. B. NO. 1428 Page 3 1
	120	+	SENATE FLOOR VERSION - SB1428 SFLR Page 3
	121	+	(Bold face denotes Committee Amendments) 1
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143	146		SECTION 2. AMENDATORY 12 O.S. 2021, Section 1101, is
144	147		amended to read as follows:
145	148		Section 1101. The defendant, in an action for the recovery of
146	149		money only, may, at any time before the trial, serve upon the
147	150		plaintiff or his attorney an offer, in writing, to allow judgment to
148	151		be taken against him for the sum specified therein. If the
149	152		plaintiff accept the offer and give notice thereof to the defendant
150	153		or his attorney, within f ive days after the offer was served, the
151	154		offer, and an affidavit that the notice of acceptance was delivered
152	155		within the time limite d, may be filed by the plaintiff, or the
153	156		defendant may file the acceptance, with a copy of the offer,
154	157		verified by affidavit; and in either case, the offer and acceptance
155	158		shall be noted in the journal, and judgment shall be rendered
156	159		accordingly. If the notice of acceptance be not given in the period
157	160		limited, the offer shall be deemed withdrawn, and shall not be given
158	161		in evidence or mentioned on the trial. If the plaintiff fails to
159	162		obtain judgment for more than was offered by the defendant, he shall
160	163		pay the defendant’s costs from the time of the offer
161	164		A. MAKING AN OFFER; JUDGMENT ON AN ACCEPTED OFFER . At least
162	165		seven (7) days before a date set for trial, a party defending
163	166		against a claim may serve on an opposing party an offer to allow
164	167		judgment on specified terms . If the opposing party accepts the
165	168		offer, acceptance shall be made within five (5) da ys after service
166	169		of the offer and either party may then file the offer and notice of
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168		-	ENGR. S. B. NO. 1428 Page 4 1
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193	197		acceptance plus proof of service. The court clerk shall then enter
194	198		judgment.
195	199		B. UNACCEPTED OFFER. An unaccepted offer is considered
196	200		withdrawn, but shall not preclude a later offer. Evidence of an
197	201		unaccepted offer is not admissible except in a proceeding to
198	202		determine costs.
199	203		C. OFFER AFTER LIABILITY IS DETERMINED . When the liability of
200	204		one party to another has been established but the extent of
201	205		liability remains to be determined , the party held liable may make
202	206		an offer of judgment. Any such offer shall be served no fewer than
203	207		seven (7) days prior to the date set for a hearing to determine the
204	208		extent of liability.
205	209		D. PAYING COSTS AFTER AN UNACCEPTED OFFER.
206	210		1. If the judgment the of feree obtains is less than or equal to
207	211		the unaccepted offer or the judgment is for the offering party , the
208	212		offeree shall pay the litigation costs of the offeror incurred after
209	213		the offer was made. Litigation costs shall include recovery of all
210	214		allowable costs associated with the litigation process after the
211	215		offer was rejected including but not limited to:
212	216		a. reasonable attorney fees, if otherwise permitted by
213	217		law,
214	218		b. court costs,
215	219		c. expert witness fees, and
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217		-	ENGR. S. B. NO. 1428 Page 5 1
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242	247		d. interest to be set by the court and to be t axed and
243	248		collected as other costs of the action.
244	249		2. If the judgment the offeree obtains exceeds the offer of
245	250		judgment, the offeree shall be entitled to recover reasonable
246	251		attorney fees, court costs, and interest to the extent otherwis e
247	252		permitted by law for the offeree’s claim.
248	253		3. For purposes of comparing the amount of a judg ment with the
249	254		amount of an offer, any recoverable litigation costs shall not be
250	255		included in the amount of the compared judgment.
251	256		E. OFFER OF JUDGMENT LETTER. An offer of judgment letter shall
252	257		include the following:
253	258		1. The judgment offer amount ;
254	259		2. If the offer of judgment is for part of the amount claimed
255	260		or part of the causes involved in the action, then specifically to
256	261		which cause or causes the offer of judgment applies;
257	262		3. If the offer includes attorney fees;
258	263		4. If the action involves multiple opposing p arties, then to
259	264		which party the offer of judgment applies;
260	265		5. If the action involves multiple opposing parties and the
261	266		offer of judgement is for all parties, then specifically how much
262	267		each opposing party is to receive of the offer amount ; and
263	268		6. The expiration date of the offer as determined pursuant to
264	269		subsection A of this section .
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266		-	ENGR. S. B. NO. 1428 Page 6 1
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291	297		F. EFFECTIVENESS. The provisions of this section shall be
292	298		applicable to an action filed on or after the effective date of this
293	299		act.
294	300		SECTION 3. REPEALER 12 O.S. 2021, Sections 1101.1 and
295	301		1106, are hereby repealed.
296	302		SECTION 4. This act shall become effective November 1, 2022.
297		-	Passed the Senate the 22nd day of March, 2022.
298		-
299		-
300		-
301		-	Presiding Officer of the Senate
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304		-	Passed the House of Representatives the ____ day of __________,
305		-	2022.
306		-
307		-
308		-
309		-	Presiding Officer of the House
310		-	of Representatives
311		-
	303	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	304	+	February 22, 2022 - DO PASS AS AMENDED