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3 | - | ENGR. H. B. NO. 1564 Page 1 1 | |
3 | + | HB1564 HFLR Page 1 | |
4 | + | BOLD FACE denotes Committee Amendments. 1 | |
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28 | - | ENGROSSED HOUSE | |
29 | - | BILL NO. 1564 By: Duel of the House | |
29 | + | HOUSE OF REPRESENTATIVES - FLOOR VERSION | |
30 | + | ||
31 | + | STATE OF OKLAHOMA | |
32 | + | ||
33 | + | 1st Session of the 60th Legislature (2025) | |
34 | + | ||
35 | + | COMMITTEE SUBSTITUTE | |
36 | + | FOR | |
37 | + | HOUSE BILL NO. 1564 By: Duel of the House | |
30 | 38 | ||
31 | 39 | and | |
32 | 40 | ||
33 | 41 | Howard of the Senate | |
34 | 42 | ||
35 | 43 | ||
36 | 44 | ||
37 | 45 | ||
38 | 46 | ||
47 | + | COMMITTEE SUBSTITUTE | |
39 | 48 | ||
40 | 49 | An Act relating to civil procedure; creating the | |
41 | 50 | Oklahoma Expedited Actions Act; providing for | |
42 | 51 | application of expedited actions process; providing | |
43 | - | for recovery; | |
44 | - | from expedited actions | |
52 | + | for recovery; providing process for removal of case | |
53 | + | from expedited actions proces s; providing process for | |
45 | 54 | governing discovery; providing for trial setting; | |
46 | - | ||
47 | - | providing alternative dispute resolution; | |
48 | - | ||
49 | - | ||
50 | - | ||
55 | + | providing time limits for trial; providing | |
56 | + | definition; providing alternative dispute resolution; | |
57 | + | providing for challenging admissibility of expert | |
58 | + | testimony; providing for codificat ion; and providing | |
59 | + | an effective date. | |
51 | 60 | ||
52 | 61 | ||
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54 | 63 | ||
55 | 64 | ||
56 | 65 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
57 | 66 | SECTION 1. NEW LAW A new section of law to be codified | |
58 | 67 | in the Oklahoma Statutes as Section 1775 of Title 12, unless there | |
59 | 68 | is created a duplication in numbering, reads as follows: | |
60 | - | This act shall be known and may be cited as the "Oklahoma | |
61 | - | Expedited Actions Act". | |
62 | - | SECTION 2. NEW LAW A new secti on of law to be codified | |
63 | - | in the Oklahoma Statutes as Section 1776 of Title 12, unless there | |
64 | - | is created a duplicat ion in numbering, reads as follows: | |
69 | + | Section 1775 et seq. shall be known and may be cited as the | |
70 | + | "Oklahoma Expedited Actions Act". | |
65 | 71 | ||
66 | - | ENGR. H. B. NO. 1564 Page 2 1 | |
72 | + | HB1564 HFLR Page 2 | |
73 | + | BOLD FACE denotes Committee Amendments. 1 | |
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98 | + | SECTION 2. NEW LAW A new section of law to be codified | |
99 | + | in the Oklahoma Statutes as Sect ion 1776 of Title 12, unless there | |
100 | + | is created a duplication in numbering, reads as follows: | |
91 | 101 | A. The expedited actions process provided for in Section 1 of | |
92 | 102 | this act applies to a suit in which all claimants, other than | |
93 | 103 | counter-claimants, affirmatively plead that they seek only monetary | |
94 | 104 | relief aggregating Two Hundred Fifty Thousand Dollars ($250,000.00) | |
95 | 105 | or less, excluding interest, statutory or punitive damages and | |
96 | 106 | penalties, and attorney fees and costs. | |
97 | 107 | B. In no event may a party who prosecutes a suit under this act | |
98 | 108 | recover a judgment in excess of Two Hundred Fifty Thousand Dollars | |
99 | 109 | ($250,000.00), excluding interest, statutory or punitive damages and | |
100 | 110 | penalties, and attorney fees and costs. | |
101 | 111 | SECTION 3. NEW LAW A new section of law to be c odified | |
102 | 112 | in the Oklahoma Statutes as Section 1777 of Title 12, unless there | |
103 | 113 | is created a duplication in numbering, reads as follows: | |
104 | 114 | A. A court shall remove a suit from the expedited actions | |
105 | 115 | process: | |
106 | 116 | 1. On motion and a showing of good cause by any party; or | |
107 | 117 | 2. If any claimant, other than a counter -claimant, files a | |
108 | 118 | pleading or an amended or supplemental pleading that seeks any | |
109 | 119 | relief other than the monetary relief allowed by Section 2 of this | |
110 | 120 | act. | |
111 | - | B. A pleading, amended pleading, or supplemental pleading that | |
112 | - | removes a suit from the expedited actions process may not be filed | |
113 | - | without leave of court unless it is filed before the earlier of | |
114 | - | thirty (30) days after the discovery period is closed or thirt y (30) | |
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116 | - | ENGR. H. B. NO. 1564 Page 3 1 | |
122 | + | HB1564 HFLR Page 3 | |
123 | + | BOLD FACE denotes Committee Amendments. 1 | |
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148 | + | B. A pleading, amended pleading, or supplemental pleading that | |
149 | + | removes a suit from the expedited actions process may not be filed | |
150 | + | without leave of court unless it is filed before the earlier of | |
151 | + | thirty (30) days after the discovery period is closed or thirty (30) | |
141 | 152 | days before the date is set for trial. Leave to a mend may be | |
142 | 153 | granted only if good cause for filing the pleading outweighs any | |
143 | 154 | prejudice to an opposing party. | |
144 | 155 | C. If a suit is removed from the expedited actions process, the | |
145 | 156 | court shall reopen discovery. | |
146 | 157 | SECTION 4. NEW LAW A new sec tion of law to be codified | |
147 | 158 | in the Oklahoma Statutes as Section 1778 of Title 12, unless there | |
148 | 159 | is created a duplication in numbering, reads as follows: | |
149 | - | A. Every case that follows the | |
160 | + | A. Every case that follows the expediated actions process shall | |
150 | 161 | be governed by the discovery control pla n provided for in this | |
151 | 162 | Section. Discovery is subject to the limitations provided for in | |
152 | 163 | Section 3226 of Title 12 of the Oklahoma Statutes and to the | |
153 | 164 | following additional limitations: | |
154 | 165 | 1. In a suit not governed by Title 43 of the Oklahoma | |
155 | 166 | Statutes, all discovery must be conducted during the discovery | |
156 | 167 | period, which begins when the first initial disclosures are due and | |
157 | 168 | continues for one hundred eighty (180) days. In a suit governed by | |
158 | 169 | Title 43 of the Oklahoma Statutes, all discovery must be conducted | |
159 | 170 | during the discovery period, which begins when the suit is filed and | |
160 | - | continues until one hundred eighty (180) days after the first | |
161 | - | request for discovery of any kind is served on a party; | |
162 | - | 2. Each party may h ave no more than twenty (20) hours in total | |
163 | - | to examine and cross -examine all witnesses in oral depositions. The | |
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165 | - | ENGR. H. B. NO. 1564 Page 4 1 | |
172 | + | HB1564 HFLR Page 4 | |
173 | + | BOLD FACE denotes Committee Amendments. 1 | |
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198 | + | continues until one hundred eighty (180) days after the first | |
199 | + | request for discovery of any kind is served on a party; | |
200 | + | 2. Each party may have no more than twenty (20) hours in total | |
201 | + | to examine and cross-examine all witnesses in oral depositions. The | |
190 | 202 | court may modify the deposition hours so that no party is given | |
191 | 203 | unfair advantage; | |
192 | 204 | 3. Any party may serve on any other party no more than fifteen | |
193 | - | written interrogatories, excluding interrogatories asking a party | |
194 | - | only to identify or authenticate specific do cuments. Each discrete | |
195 | - | subpart of an interrogatory is considered a separate interrogatory; | |
205 | + | (15) written interrogatories, excluding interrogatori es asking a | |
206 | + | party only to identify or authenticate specific documents. Each | |
207 | + | discrete subpart of an interrogatory is considered a separate | |
208 | + | interrogatory; | |
196 | 209 | 4. Any party may serve on any other party no more than fifteen | |
197 | - | written requests for production. Each discrete subpart of a request | |
198 | - | for production is considered a separate request for production; and | |
210 | + | (15) written requests for production. Each discrete subpart of a | |
211 | + | request for production is considered a separate request for | |
212 | + | production; and | |
199 | 213 | 5. Any party may serve on any other party no more than fifteen | |
200 | - | written requests for admissions. Each dis crete subpart of a request | |
201 | - | for admission is considered a separate request for admission. | |
214 | + | (15) written requests for admissions. Each discrete subpart of a | |
215 | + | request for admission is considered a separate request for | |
216 | + | admission. | |
202 | 217 | B. If a suit is removed from the expedited actions process or, | |
203 | 218 | in a divorce, the filing of a pleading renders this subdivision no | |
204 | 219 | longer applicable, the discovery period reopens, and discovery must | |
205 | 220 | be completed within the limitations provided in Section 3226 of | |
206 | 221 | Title 12 of the Oklahoma Statutes. Any person previously deposed | |
207 | - | may be redeposed. On motion of any party, the court should continue | |
208 | - | the trial date if necessa ry to permit completion of discovery. | |
209 | - | SECTION 5. NEW LAW A new section of law to be codif ied | |
210 | - | in the Oklahoma Statutes as Section 1779 of Title 12, unless there | |
211 | - | is created a duplication in numbering, reads as follows: | |
212 | - | On any party's request, the court shall set the case for a trial | |
213 | - | date that is within ninety (90) days after the discovery period | |
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215 | - | ENGR. H. B. NO. 1564 Page 5 1 | |
223 | + | HB1564 HFLR Page 5 | |
224 | + | BOLD FACE denotes Committee Amendments. 1 | |
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249 | + | may be redeposed. On motion of any party, the court should continue | |
250 | + | the trial date if necessary to permit completion of discovery. | |
251 | + | SECTION 5. NEW LAW A new section of law to be codified | |
252 | + | in the Oklahoma Statutes as Section 1779 of Title 12, unless there | |
253 | + | is created a duplication in numbering, reads as follows: | |
254 | + | On any party's request, the court shall set the case for a trial | |
255 | + | date that is within ninety (90) days after the discovery period | |
240 | 256 | ends. The court may continue the case twice, not to exceed a total | |
241 | 257 | of sixty (60) days. | |
242 | 258 | SECTION 6. NEW LAW A new section of law to be codified | |
243 | 259 | in the Oklahoma Statutes as Section 1780 of Title 12, unless there | |
244 | 260 | is created a duplication in numbering, reads as follows: | |
245 | 261 | A. Each side is allowed no more than eight (8) hours to | |
246 | 262 | complete jury selection, opening statements, presentation of | |
247 | 263 | evidence, examination and cros s-examination of witnesses, and | |
248 | 264 | closing arguments. On motion and a showing of good cause by any | |
249 | 265 | party, the court may extend the time limit to no more than twelve | |
250 | 266 | (12) hours per side. | |
251 | 267 | B. The term "side" is not synonymous with "party", "litigant", | |
252 | 268 | or "person". Rather, "side" means one or more litigants who have | |
253 | 269 | common interests on the matters with which the jury is concerned. | |
254 | 270 | C. Time spent on objections, bench conferences, bills of | |
255 | 271 | exception, and challenges for cause to a juror are not included in | |
256 | 272 | the time limit. | |
257 | - | SECTION 7. NEW LAW A new section of law to be codified | |
258 | - | in the Oklahoma Statutes as Section 1781 of Title 12, unless there | |
259 | - | is created a duplication in numbering, reads as follows: | |
260 | - | A. Unless the parties have agreed not to engage in alternative | |
261 | - | dispute resolution, the court may refer the case to an alternative | |
262 | - | dispute resolution procedure once, and the procedure shall: | |
263 | 273 | ||
264 | - | ENGR. H. B. NO. 1564 Page 6 1 | |
274 | + | HB1564 HFLR Page 6 | |
275 | + | BOLD FACE denotes Committee Amendments. 1 | |
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288 | 299 | ||
300 | + | SECTION 7. NEW LAW A new section of law to be codified | |
301 | + | in the Oklahoma Statutes as Section 1781 of Title 12, unless there | |
302 | + | is created a duplication in numbering, reads as follows: | |
303 | + | A. Unless the parties have agreed not to en gage in alternative | |
304 | + | dispute resolution, the court may refer the case to an alternative | |
305 | + | dispute resolution procedure once, and the procedure shall: | |
289 | 306 | 1. Not exceed a half -day in duration, excluding scheduling | |
290 | 307 | time; | |
291 | 308 | 2. Not exceed a total cost of twice the am ount of applicable | |
292 | 309 | civil filing fees; and | |
293 | 310 | 3. Be completed no later than sixty (60) days before the | |
294 | 311 | initial trial setting. | |
295 | 312 | B. The court shall consider objections to the referral unless | |
296 | 313 | prohibited by statute. | |
297 | 314 | C. The parties may agree to engage in alternat ive dispute | |
298 | 315 | resolution other than that provided for in subsection A of this | |
299 | 316 | section. | |
300 | 317 | SECTION 8. NEW LAW A new section of law to be codified | |
301 | 318 | in the Oklahoma Statutes as Section 1782 of Title 12, unless there | |
302 | 319 | is created a duplication in numbering, reads as follows: | |
303 | 320 | Unless requested by the party sponsoring the expert, a party may | |
304 | 321 | only challenge the admissibility of expert testimony as an objection | |
305 | 322 | to summary judgment evidence during a pretrial conference or during | |
306 | - | the trial on the merits. This section does not apply to a motion to | |
307 | - | strike for late designati on. | |
308 | - | SECTION 9. This act shall become effective November 1, 2025. | |
309 | 323 | ||
310 | - | ENGR. H. B. NO. 1564 Page 7 1 | |
324 | + | HB1564 HFLR Page 7 | |
325 | + | BOLD FACE denotes Committee Amendments. 1 | |
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335 | - | Passed the House of Representatives the 17th day of March, 2025. | |
350 | + | the trial on the merit s. This section does not apply to a motion to | |
351 | + | strike for late designation. | |
352 | + | SECTION 9. This act shall become effective November 1, 2025. | |
336 | 353 | ||
337 | - | ||
338 | - | ||
339 | - | ||
340 | - | Presiding Officer of the House | |
341 | - | of Representatives | |
342 | - | ||
343 | - | ||
344 | - | ||
345 | - | Passed the Senate the _____ day of __________, 2025. | |
346 | - | ||
347 | - | ||
348 | - | ||
349 | - | ||
350 | - | Presiding Officer of the Senate | |
351 | - | ||
352 | - | ||
354 | + | COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY | |
355 | + | OVERSIGHT, dated 03/04/2025 – DO PASS, As Amended and Coauthored. | |
353 | 356 | ||
354 | 357 |