Oklahoma 2025 Regular Session

Oklahoma House Bill HB2619 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB2619 SFLR Page 1
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	3	+	ENGR. H. B. NO. 2619 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 22, 2025
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 2619 By: Harris and Lepak of the
35	30		House
36	31
37	32		and
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39	34		Howard of the Senate
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45	38		An Act relating to discovery; creating the Foreign
46	39		Litigation Funding Prevention Act; amending 12 O.S.
47	40		2021, Section 3226, which relates to general
48	41		provisions governing discovery; requiring production
49	42		of commercial litigation funding agreement upon
50	43		request; prohibiting admissibility of certain
51	44		information as evidence; requiring certain
52	45		certification with production of agreement; providing
53	46		exception; defining terms; providing for
54	47		noncodification; providing for codification; and
55	48		providing an effective date.
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61	54		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
62	55		SECTION 1. NEW LAW A new section of law not to be
63	56		codified in the Oklahoma Statutes reads as follows:
64	57		This act shall be known and may be cited as the "Foreign
65	58		Litigation Funding Prevention Act".
66	59		SECTION 2. AMENDATORY 12 O.S. 2021, Section 3226,
67	60		is amended to read as follows:
	61	+	Section 3226. A. DISCOVERY METHODS; INITIAL
	62	+	DISCLOSURES.
	63	+	1. DISCOVERY METHODS. Parties may obtain discovery regarding
	64	+	any matter that is relevant to any party's claim or defense by one
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69		-	SENATE FLOOR VERSION - HB2619 SFLR Page 2
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	66	+	ENGR. H. B. NO. 2619 Page 2 1
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95		-	Section 3226. A. DISCOVERY METHODS; INITIAL
96		-	DISCLOSURES.
97		-	1. DISCOVERY METHODS. Parties may obtain discovery regarding
98		-	any matter that is relevant to any party's claim or defense by one
99	91		or more of the following methods: Depositions upon oral examination
100	92		or written questions; writ ten interrogatories; production of
101	93		documents or things or permission to enter upon land or other
102	94		property, for inspection and other purposes; physical and mental
103	95		examinations; requests for admission; authorizations for release of
104	96		records; and otherwise by court order upon showing of good cause.
105	97		Except as provided in this section or unless the court or ders
106	98		otherwise under this section, the frequency of use of these methods
107	99		is not limited.
108	100		2. INITIAL DISCLOSURES.
109	101		a. Except in categories of proceedings speci fied in
110	102		subparagraph b of this paragraph, or to the extent
111	103		otherwise stipulated or directed by order, a party,
112	104		without awaiting a discovery request, shall provide to
113	105		other parties a computation of any category of damages
114	106		claimed by the disclosing party, ma king available for
115	107		inspection and copying the documents or other
116	108		evidentiary material, not privile ged or protected from
117	109		disclosure, on which such computation is based,
118	110		including materials bearing on the nature and extent
	111	+	of injuries suffered. Subject to s ubsection B of this
	112	+	section, in any action in which physical or mental
	113	+	injury is claimed, the party making the claim shall
	114	+	provide to the other parties a release or
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120		-	SENATE FLOOR VERSION - HB2619 SFLR Page 3
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	116	+	ENGR. H. B. NO. 2619 Page 3 1
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146		-	of injuries suffered. Subject to subsection B of this
147		-	section, in any action in which physical or mental
148		-	injury is claimed, the party making the claim shall
149		-	provide to the other parties a release or
150	141		authorization allowing the parties to obtain relevant
151	142		medical records and bills, and, when relevant, a
152	143		release or authorization for employment and scholastic
153	144		records.
154	145		b. The following categories of proceedings are exempt
155	146		from initial disclosure under subparagraph a of this
156	147		paragraph:
157	148		(1) an action for review of an administrative record,
158	149		(2) a petition for habeas corpus or other proceeding
159	150		to challenge a criminal conviction or sentence,
160	151		(3) an action brought without counsel by a person in
161	152		custody of the United States, a state, or a state
162	153		subdivision,
163	154		(4) an action to enforce or quash an administra tive
164	155		summons or subpoena,
165	156		(5) an action by the United States to recover benefit
166	157		payments,
167	158		(6) an action by the United States to collect on a
168	159		student loan guaranteed by the United States,
	160	+	(7) a proceeding ancillary to proceedings in other
	161	+	courts, and
	162	+	(8) an action to enforce an arbitration award.
	163	+	c. Disclosures required under this paragraph shall be
	164	+	made at or within sixty (60) days after service unless
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170		-	SENATE FLOOR VERSION - HB2619 SFLR Page 4
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	166	+	ENGR. H. B. NO. 2619 Page 4 1
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196		-	(7) a proceeding ancillary to proceedings in other
197		-	courts, and
198		-	(8) an action to enforce an arbitration award.
199		-	c. Disclosures required under this paragraph shall be
200		-	made at or within sixty (60) days after service unless
201	191		a different time is set by stipulation or court order,
202	192		or unless a party objects that initial disclosures are
203	193		not appropriate in the circumstances of the action and
204	194		states the objection in a motion filed with the court.
205	195		In ruling on the objection, the court shall determine
206	196		what disclosures, if any, are to be made and set the
207	197		time for disclosure. A party shal l make its initial
208	198		disclosures based on the information then readily
209	199		available to it and is not excused from making its
210	200		disclosures because it has not fully completed its
211	201		investigation of the case or because it challenges the
212	202		sufficiency of another party's disclosures or because
213	203		another party has not made its disclosures.
214	204		B. DISCOVERY SCOPE AND LIMITS . Unless otherwise limited by
215	205		order of the court in accordance with the Oklahoma Discovery Code,
216	206		the scope of discovery is as follows:
217	207		1. IN GENERAL.
218	208		a. Parties may obtain discovery regarding any matter, not
219	209		privileged, which is relevant to any party's claim or
	210	+	defense, reasonably calculated to lead to the
	211	+	discovery of admissible evidence and proportional to
	212	+	the needs of the case, considering the importance o f
	213	+	the issues at stake in the action, the amount in
	214	+	controversy, the parties' relative access to re levant
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221		-	SENATE FLOOR VERSION - HB2619 SFLR Page 5
222		-	(Bold face denotes Committee Amendments) 1
	216	+	ENGR. H. B. NO. 2619 Page 5 1
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247		-	defense, reasonably calculated to lead to the
248		-	discovery of admissible evidence and proportional to
249		-	the needs of the case, considering the importance of
250		-	the issues at stake in the action, the amount in
251		-	controversy, the parties' relative access to re levant
252	241		information, the parties' resources, the importance of
253	242		the discovery in resolving the issues, and whether the
254	243		burden or expense of the proposed discove ry outweighs
255	244		its likely benefit. Information within this scope of
256	245		discovery need not be admissible in evidence to be
257	246		discoverable.
258	247		b. A party shall produce upon request pursuant to Section
259	248		3234 of this title, any insurance agreement under
260	249		which any person carrying on an insurance business may
261	250		be liable to satisfy part or all of a judgment which
262	251		may be entered in the action or to indemnify or
263	252		reimburse for payments made to satisfy the judgment.
264	253		Information concerning the insurance agreement is not
265	254		by reason of disclosure admissible in evidence at
266	255		trial. For purposes of this section, an application
267	256		for insurance shall not be treated as a part of an
268	257		insurance agreement.
269	258		c. A party shall produce upon request, pursuant to
270	259		Section 3234 of this title, any commer cial litigation
	260	+	funding agreement as defined in Section 3 of this act.
	261	+	Information related to the commercial litigation
	262	+	funding agreement is not, by reason of disclosure,
	263	+	admissible as evidence at trial. Production of a
	264	+	commercial litigation funding agre ement shall include
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	266	+	ENGR. H. B. NO. 2619 Page 6 1
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298		-	funding agreement as defined in Section 3 of this act.
299		-	Information related to the commercial litigation
300		-	funding agreement is not, by reason of disclosure,
301		-	admissible as evidence at trial. Production of a
302		-	commercial litigation funding agreement shall include
303	291		a certification, by sworn affidavit, by the producing
304	292		party as to whether any funds encumbered by the terms
305	293		of the agreement have been or will be sourced from a
306	294		foreign state or agency or instrumentality of a
307	295		foreign state as defined in 28 U.S.C., Section 1603 or
308	296		22 U.S.C., Section 611, as amended. Certification
309	297		that discloses that a foreign state or agency or
310	298		instrumentality of a foreign state is such a source
311	299		shall include the identity of the foreign state,
312	300		agency, or instrumentality that is the source of the
313	301		funds. Such certification shall be supplemented or
314	302		corrected by the producing party within thirty (30)
315	303		days in the event the certification becomes incomplete
316	304		or inaccurate in a material aspect. A consumer
317	305		litigation funding agre ement as defined in Section 3 -
318	306		801 of Title 14A of the Oklahoma Statutes shall be
319	307		exempt from the provisions of this subparagraph.
320	308		2. LIMITATIONS ON FREQUENCY AND EXTENT.
	309	+	a. By order, the court may alter the limits on the length
	310	+	of depositions under Sectio n 3230 of this title, on
	311	+	the number of interrogatories under Section 3233 of
	312	+	this title, on the number of requests to produce under
	313	+	Section 3234 of this title, or on the number of
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322		-	SENATE FLOOR VERSION - HB2619 SFLR Page 7
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	315	+	ENGR. H. B. NO. 2619 Page 7 1
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348		-	a. By order, the court may alter the limits on the length
349		-	of depositions under Section 3230 of this title, on
350		-	the number of interrogatories under Section 3233 of
351		-	this title, on the number of requests to produce under
352		-	Section 3234 of this title, or on the number of
353	340		requests for admission under Section 3236 of this
354	341		title.
355	342		b. A party is not required to provide discovery of
356	343		electronically stored information from sources that
357	344		the party identifies as not reasonably accessible
358	345		because of undue burden or cost. On motion to compel
359	346		discovery or for a protective order, the party from
360	347		whom discovery is sought must show that the
361	348		information is not reasonably accessible because of
362	349		undue burden or cost. If that showing is made, the
363	350		court may order discovery from such sources if the
364	351		requesting party shows good cause, considering the
365	352		limitations of subpara graph c of this paragraph. The
366	353		court may specify conditions for the discovery.
367	354		c. On motion or on its own, the court shall limit the
368	355		frequency or extent of discovery otherwise allowed if
369	356		it determines that:
370	357		(1) the discovery sought is unreasonably cumulat ive
371	358		or duplicative, or can be obtained from some
	359	+	other source that is more convenient, less
	360	+	burdensome, or less expensive,
	361	+	(2) the party seeking discovery has had ample
	362	+	opportunity to obtain the information by
	363	+	discovery in the action, or
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	365	+	ENGR. H. B. NO. 2619 Page 8 1
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399		-	other source that is more convenient, less
400		-	burdensome, or less expensive,
401		-	(2) the party seeking discovery has had ample
402		-	opportunity to obtain the information by
403		-	discovery in the action, or
404	390		(3) the proposed discovery is outside the scope
405	391		permitted by subparagraph a of paragraph 1 of
406	392		this subsection.
407	393		d. If an officer, director or managing agent of a
408	394		corporation or a government official is served with
409	395		notice of a deposition or subpoena regarding a matter
410	396		about which he or she has no knowledge, he or she may
411	397		submit at a reasonable time prior to the date of the
412	398		deposition an affidavit to the noticing party so
413	399		stating and identifying a person within the
414	400		corporation or government entity who has knowledge of
415	401		the subject matter involved in the pending action.
416	402		Notwithstanding such affidavit, the noticing party may
417	403		proceed with the deposition, subject to the noticed
418	404		witness's right to seek a protective order.
419	405		3. TRIAL PREPARATION: MATERIALS.
420	406		a. Unless as provided by pa ragraph 4 of this subsection,
421	407		a party may not discover documents and tangible things
422	408		that are prepared in anticipation of litigation or for
	409	+	trial by or for another party or its representative,
	410	+	including the other party's attorney, consultant,
	411	+	surety, indemnitor, insurer or agent. Subject to
	412	+	paragraph 4 of this subsection, such materials may be
	413	+	discovered if:
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424		-	SENATE FLOOR VERSION - HB2619 SFLR Page 9
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	415	+	ENGR. H. B. NO. 2619 Page 9 1
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450		-	trial by or for another party or its representative,
451		-	including the other part y's attorney, consultant,
452		-	surety, indemnitor, insurer or agent. Subject to
453		-	paragraph 4 of this subsection, such materials may be
454		-	discovered if:
455	440		(1) they are otherwise discoverable under paragraph 1
456	441		of this subsection, and
457	442		(2) the party shows that it has substantial need for
458	443		the materials to prepare its case and cannot,
459	444		without undue hardship, obtain their substantial
460	445		equivalent by other means.
461	446		b. If the court orders discovery of such materials, the
462	447		court shall protect against disclosure of the mental
463	448		impressions, conclusions, opinions or legal theories
464	449		of a party's attorney or other representative
465	450		concerning the litigation.
466	451		c. A party or other person may, upon request and without
467	452		the required showing, obtain the person's own previous
468	453		statement about the action or its subject matter. If
469	454		the request is refused, the person may move for a
470	455		court order, and the provisions of paragraph 4 of
471	456		subsection A of Section 3237 of this title apply to
472	457		the award of expenses. A previous statement is
473	458		either:
	459	+	(1) a written statement that the person has signed or
	460	+	otherwise adopted or approved, or
	461	+	(2) a contemporaneous stenographic, mechanical,
	462	+	electrical, or other recording, or a
	463	+	transcription thereof, which recites
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	465	+	ENGR. H. B. NO. 2619 Page 10 1
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501		-	(1) a written statement that the person has signed or
502		-	otherwise adopted or approved, or
503		-	(2) a contemporaneous stenographic, mechanical,
504		-	electrical, or other recording, or a
505		-	transcription thereof, which recites
506	490		substantially verbatim the person's oral
507	491		statement.
508	492		4. TRIAL PREPARATION: EXPERTS.
509	493		a. Discovery of facts known and opinions held by experts,
510	494		otherwise discoverable under the provisions of
511	495		paragraph 1 of this subsection and acquired or
512	496		developed in anticipation of litigation or for trial,
513	497		may be obtained only as follows:
514	498		(1) a party may, through interroga tories, require any
515	499		other party to identify each person whom that
516	500		other party expects to call as a n expert witness
517	501		at trial and give the address at which that
518	502		expert witness may be located,
519	503		(2) after disclosure of the names and addresses of
520	504		the expert witnesses, the other party expects to
521	505		call as witnesses, the party, who has requested
522	506		disclosure, may depose any such expert witnesses
523	507		subject to scope of this section. Prior to
524	508		taking the deposition the party must give notice
	509	+	as required in subsections A and C of Section
	510	+	3230 of this title, and
	511	+	(3) in addition to taking the depositions of expert
	512	+	witnesses the party may, through interrogatories,
	513	+	require the party who expects to call the expert
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552		-	as required in subsections A and C of Section
553		-	3230 of this title, and
554		-	(3) in addition to taking the depositions of expert
555		-	witnesses the party may, through interrogatories,
556		-	require the party who expects to call the expert
557	540		witnesses to state the subject matter on which
558	541		each expert witness is expected to testify; the
559	542		substance of the facts and opinions to which the
560	543		expert is expected to testify and a summary of
561	544		the grounds for each opinion; the qualifications
562	545		of each expert witness, including a list of all
563	546		publications authored by the expert witness
564	547		within the preceding ten (10) years; the
565	548		compensation to be paid to the expert witness fo r
566	549		the testimony and preparation for the testimony;
567	550		and a listing of any other cases in which the
568	551		expert witness has testified as an expert at
569	552		trial or by deposition within the preceding four
570	553		(4) years. An interrogatory seeking the
571	554		information specified above shall be treated as a
572	555		single interrogatory for purposes of the
573	556		limitation on the number of interrogatories in
574	557		Section 3233 of this title.
	558	+	b. The protection provided by paragraph 3 of this
	559	+	subsection extends to communications between the
	560	+	party's attorney and any expert witness retained or
	561	+	specially employed to provide expert testimony in the
	562	+	case or whose duties as the party's employee regularly
575	563
576		-	SENATE FLOOR VERSION - HB2619 SFLR Page 12
577		-	(Bold face denotes Committee Amendments) 1
	564	+	ENGR. H. B. NO. 2619 Page 12 1
578	565		2
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601	588
602		-	b. The protection provided by paragraph 3 of this
603		-	subsection extends to communications between the
604		-	party's attorney and any expert witness retained or
605		-	specially employed to provide expert testimony in the
606		-	case or whose duties as the party's employee regularly
607	589		involve giving expert testimony, except to the extent
608	590		that the communications:
609	591		(1) relate to compensation for the expert's study or
610	592		testimony,
611	593		(2) identify facts or data that the party's attorney
612	594		provided and that the expert considered in
613	595		forming the opinions to be ex pressed, or
614	596		(3) identify assumptions that the party's attorney
615	597		provided and that the expert relied upon in
616	598		forming the opinions to be expressed.
617	599		c. A party may not, by interrogatories or deposition,
618	600		discover facts known or opinions held by an expert who
619	601		has been retained or specially employed by another
620	602		party in anticipation of litigation or to prepare for
621	603		trial and who is not expected to be called as a
622	604		witness at trial, except as provided in Section 3235
623	605		of this title or upon a showing of exceptional
624	606		circumstances under which it is impracticable for the
	607	+	party to obtain facts or opinions on the same sub ject
	608	+	by other means.
	609	+	d. Unless manifest injustice would result:
	610	+	(1) the court shall require that the party seeking
	611	+	discovery pay the expert a reasonable fee f or
	612	+	time spent in responding to discovery under
625	613
626		-	SENATE FLOOR VERSION - HB2619 SFLR Page 13
627		-	(Bold face denotes Committee Amendments) 1
	614	+	ENGR. H. B. NO. 2619 Page 13 1
628	615		2
629	616		3
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631	618		5
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651	638
652		-	party to obtain facts or opinions on the same sub ject
653		-	by other means.
654		-	d. Unless manifest injustice would result:
655		-	(1) the court shall require that the party seeking
656		-	discovery pay the expert a reasonable fee for
657		-	time spent in responding to discovery under
658	639		division (2) of subparagraph a of this paragraph
659	640		and subparagraph c of this paragraph, and
660	641		(2) the court shall require that the party seeking
661	642		discovery with respect to discovery obtained
662	643		under subparagraph c o f this paragraph, pay the
663	644		other party a fair portion of the fees and
664	645		expenses reasonably incurred by the latter party
665	646		in obtaining facts and opinions from the expert.
666	647		5. CLAIMS OF PRIVILEGE OR PROTECTION OF TRIAL PREPARATION
667	648		MATERIALS.
668	649		a. When a party withholds information otherwise
669	650		discoverable under the Oklahoma Discovery Code by
670	651		claiming that it is privileged or subject to
671	652		protection as trial preparation material, the party
672	653		shall make the claim expressly and shall describe the
673	654		nature of the documents, c ommunications, or things not
674	655		produced or disclosed in a manner that, without
675	656		revealing information itself privileged or protected,
	657	+	will enable other parties to assess the applicability
	658	+	of the privilege or protection.
	659	+	b. If information produced in discovery is subject to a
	660	+	claim of privilege or of protection as trial
	661	+	preparation material, the party making the claim may
	662	+	notify any party that received the information of the
676	663
677		-	SENATE FLOOR VERSION - HB2619 SFLR Page 14
678		-	(Bold face denotes Committee Amendments) 1
	664	+	ENGR. H. B. NO. 2619 Page 14 1
679	665		2
680	666		3
681	667		4
682	668		5
683	669		6
684	670		7
685	671		8
686	672		9
687	673		10
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689	675		12
690	676		13
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693	679		16
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702	688
703		-	will enable other parties to assess the applicability
704		-	of the privilege or protection.
705		-	b. If information produced in discovery is subject to a
706		-	claim of privilege or of protection as trial
707		-	preparation material, the party making the claim may
708		-	notify any party that received the information of the
709	689		claim and the basis for it. After being notified, a
710	690		party shall promptly return, seque ster, or destroy the
711	691		specified information and any copies the party has;
712	692		shall not use or disclose the information until the
713	693		claim is resolved; shall take reasonable steps to
714	694		retrieve the information if the party has disclosed it
715	695		before being notified; and may promptly present the
716	696		information to the court under seal for a
717	697		determination of the claim. The producing party shall
718	698		preserve the information until the claim is resolved.
719	699		This mechanism is procedural only and does not alter
720	700		the standards governing w hether the information is
721	701		privileged or subject to protection as trial
722	702		preparation material or whe ther such privilege or
723	703		protection has been waived.
724	704		C. PROTECTIVE ORDERS.
725	705		1. Upon motion by a party or by the person from whom discovery
726	706		is sought, accompani ed by a certification that the movant has in
	707	+	good faith conferred or attempted to confer, either in person or by
	708	+	telephone, with other affected parties in an effort to resolve the
	709	+	dispute without court action, and for good cause shown, the court in
	710	+	which the action is pending or on matters relating to a deposition,
	711	+	the district court in the county wher e the deposition is to be taken
	712	+	may enter any order which justice requires to protect a party or
727	713
728		-	SENATE FLOOR VERSION - HB2619 SFLR Page 15
729		-	(Bold face denotes Committee Amendments) 1
	714	+	ENGR. H. B. NO. 2619 Page 15 1
730	715		2
731	716		3
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733	718		5
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736	721		8
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741	726		13
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743	728		15
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752	737		24
753	738
754		-	good faith conferred or attempted to confer, either in person or by
755		-	telephone, with other affected parties in an effort to resolve the
756		-	dispute without court action, and for good cause shown, the court in
757		-	which the action is pending or on matters relating to a deposition,
758		-	the district court in the county wher e the deposition is to be taken
759		-	may enter any order which justice requires to protect a party or
760	739		person from annoyance, harassment, embarrassment, oppression or
761	740		undue delay, burden or expense, including one or more of the
762	741		following:
763	742		a. that the discovery not be had,
764	743		b. that the discovery may be had only on specified terms
765	744		and conditions, including a designation of the time,
766	745		place or the allocation of expenses,
767	746		c. that the discovery may be had only by a method of
768	747		discovery other than that selected by the par ty
769	748		seeking discovery,
770	749		d. that certain matters not be inquired into, or that the
771	750		scope of the disclosure or discovery be limited to
772	751		certain matters,
773	752		e. that discovery be conducted with no one present except
774	753		persons designated by the court,
775	754		f. that a deposition after being sealed be opened only by
776	755		order of the court,
	756	+	g. that a trade secret or other confidential research,
	757	+	development or commercial information not be disclosed
	758	+	or be disclosed only in a designated way, and
	759	+	h. that the parties simultaneously file specified
	760	+	documents or information enclosed in sealed envelopes
	761	+	to be opened as directed by the court.
777	762
778		-	SENATE FLOOR VERSION - HB2619 SFLR Page 16
779		-	(Bold face denotes Committee Amendments) 1
	763	+	ENGR. H. B. NO. 2619 Page 16 1
780	764		2
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803	787
804		-	g. that a trade secret or other confidential research,
805		-	development or commercial information not be disclosed
806		-	or be disclosed only in a designated way, and
807		-	h. that the parties simultaneously file specified
808		-	documents or information enclosed in sealed envelopes
809		-	to be opened as directed by the court.
810	788		2. If the motion for a protective order is denied in whole or
811	789		in part, the court may, on such terms and conditions as are just,
812	790		order that any party or person provide or permit discovery. The
813	791		provisions of paragraph 4 of subsection A of Section 3237 of this
814	792		title apply to the award of expenses incurred in r elation to the
815	793		motion. Any protective order of the court which has the effect of
816	794		removing any material obtained by discovery from the public record
817	795		shall contain the following:
818	796		a. a statement that the court has determined it is
819	797		necessary in the interests of justice to remove the
820	798		material from the public record,
821	799		b. specific identification of the material which is to be
822	800		removed or withdrawn from the public record, or which
823	801		is to be filed but not placed in the public record,
824	802		and
825	803		c. a requirement that any part y obtaining a protective
826	804		order place the protected material in a sealed manila
827	805		envelope clearly marked with the caption and case
	806	+	number and is clearly marked with the word
	807	+	"CONFIDENTIAL", and stating the date the order was
	808	+	entered and the name of the judge entering the order.
	809	+	This requirement may also be satisfied by requiring
	810	+	the party to file the documents pursuant to the
	811	+	procedure for electronically filing sealed or
828	812
829		-	SENATE FLOOR VERSION - HB2619 SFLR Page 17
830		-	(Bold face denotes Committee Amendments) 1
	813	+	ENGR. H. B. NO. 2619 Page 17 1
831	814		2
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834	817		5
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854	837
855		-	number and is clearly marked with the word
856		-	"CONFIDENTIAL", and stating the date the orde r was
857		-	entered and the name of the judge entering the order.
858		-	This requirement may also be satisfied by requiring
859		-	the party to file the documents pursuant to the
860		-	procedure for electronically filing sealed or
861	838		confidential documents approved for electronic filing
862	839		in the courts of this state.
863	840		3. No protective order entered after the filing and
864	841		microfilming of documents of any kind shall be cons trued to require
865	842		the microfilm record of such filing to be amended in any fashion.
866	843		4. The party or counsel which has received the protective order
867	844		shall be responsible for promptly presenting the order to
868	845		appropriate court clerk personnel for appropriate action.
869	846		5. All documents produced or testimony given under a protective
870	847		order shall be retained in the office of counsel until required by
871	848		the court to be filed in the case.
872	849		6. Counsel for the respective parties shall be responsible for
873	850		informing witnesses, as necessary, of the contents of the protective
874	851		order.
875	852		7. When a case is filed in which a party intends to seek a
876	853		protective order removing material from the public record, the
877	854		plaintiff(s) and defendant(s) shall be initially designated on the
878	855		petition under pseudonym such as "John or Jane Doe", or "Roe", and
	856	+	the petition shall clearly indicate that the party designations are
	857	+	fictitious. The party seeking confidentiality or other order
	858	+	removing the case, in whole or in part, from the public record,
	859	+	shall immediately present application to the court, seeking
	860	+	instructions for the conduct of the case, including confidentiality
	861	+	of the records.
879	862
880		-	SENATE FLOOR VERSION - HB2619 SFLR Page 18
881		-	(Bold face denotes Committee Amendments) 1
	863	+	ENGR. H. B. NO. 2619 Page 18 1
882	864		2
883	865		3
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905	887
906		-	the petition shall clearly indicate that the party designat ions are
907		-	fictitious. The party seeking confidentiality or other order
908		-	removing the case, in whole or in part, from the public record,
909		-	shall immediately present application to the court, seeking
910		-	instructions for the conduct of the case, including confident iality
911		-	of the records.
912	888		D. SEQUENCE AND TIMING OF DISCOVERY. Unless the parties
913	889		stipulate or the court orders otherwise for the convenience of
914	890		parties and witnesses and in the interests of justice, methods of
915	891		discovery may be used in any sequence. The fact that a party is
916	892		conducting discovery , whether by deposition or otherwise, shall not
917	893		operate to delay discovery by any other party.
918	894		E. SUPPLEMENTATION OF RESPONSES. A party who has responded to
919	895		a request for discovery with a response that was complete when it
920	896		was made is under no duty to su pplement the response to include
921	897		information thereafter acquired, except as follows:
922	898		1. A party is under a duty seasonably to supplement the
923	899		response with respect to any question directly addressed to:
924	900		a. the identity and location of persons having knowle dge
925	901		of discoverable matters, and
926	902		b. the identity of each person expected to be called as
927	903		an expert witness at trial, the subject matter on
928	904		which the person is expected to testify, and the
929	905		substance of the testimony of the person;
	906	+	2. A party is under a dut y seasonably to amend a prior response
	907	+	to an interrogatory, request for production, or request for
	908	+	admission if the party obtains information upon the basis of which:
	909	+	a. (1) the party knows that the response was incorrect
	910	+	in some material respect when made , or
930	911
931		-	SENATE FLOOR VERSION - HB2619 SFLR Page 19
932		-	(Bold face denotes Committee Amendments) 1
	912	+	ENGR. H. B. NO. 2619 Page 19 1
933	913		2
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936	916		5
937	917		6
938	918		7
939	919		8
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942	922		11
943	923		12
944	924		13
945	925		14
946	926		15
947	927		16
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951	931		20
952	932		21
953	933		22
954	934		23
955	935		24
956	936
957		-	2. A party is under a duty seasonably to amend a prior response
958		-	to an interrogatory, request for production, or request for
959		-	admission if the party obtains information upon the basis of which:
960		-	a. (1) the party knows that the response was incor rect
961		-	in some material respect when made, or
962	937		(2) the party knows that the response, which was
963	938		correct when made, is no longer true in some
964	939		material respect, and
965	940		b. the additional or corrective information has not
966	941		otherwise been made known to the other parties during
967	942		the discovery process or in w riting; and
968	943		3. A duty to supplement responses may be imposed by order of
969	944		the court, agreement of the parties, or at any time prior to trial
970	945		through new requests for supplementation of prior responses.
971	946		F. DISCOVERY CONFERENCE. At any time after commencem ent of an
972	947		action, the court may direct the attorneys for the parties to appear
973	948		for a conference on the subject of discovery. The court shall do so
974	949		upon motion by the attorney for any party if the motion includes:
975	950		1. A statement of the issues as they then appear;
976	951		2. A proposed plan and schedule of discovery;
977	952		3. Any limitations proposed to be placed on discovery;
978	953		4. Any other proposed orders with respect to discovery; and
	954	+	5. A statement showing that the attorney making the motion has
	955	+	made a reasonable effort to reach agreement with opposing attorneys
	956	+	on the matters set forth in the motion.
	957	+	Each party and his attorney are under a duty to participate in
	958	+	good faith in the framing of a discovery plan if a plan is proposed
	959	+	by the attorney for any party. Noti ce of the motion shall be served
	960	+	on all parties. Objections or additions to matters set forth in the
979	961
980		-	SENATE FLOOR VERSION - HB2619 SFLR Page 20
981		-	(Bold face denotes Committee Amendments) 1
	962	+	ENGR. H. B. NO. 2619 Page 20 1
982	963		2
983	964		3
984	965		4
985	966		5
986	967		6
987	968		7
988	969		8
989	970		9
990	971		10
991	972		11
992	973		12
993	974		13
994	975		14
995	976		15
996	977		16
997	978		17
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1001	982		21
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1003	984		23
1004	985		24
1005	986
1006		-	5. A statement showing that the attorney ma king the motion has
1007		-	made a reasonable effort to reach agreement with opposing attorneys
1008		-	on the matters set forth in the motion.
1009		-	Each party and his attorney are under a duty to participate in
1010		-	good faith in the framing of a discovery plan if a plan is propos ed
1011		-	by the attorney for any party. Notice of the motion shall be served
1012		-	on all parties. Objections or additions to matters set forth in the
1013	987		motion shall be served not later than ten (10) days after service of
1014	988		the motion.
1015	989		Following the discovery conference, the court shall enter an
1016	990		order tentatively identifying the issues for discovery purposes,
1017	991		establishing a plan and schedule for discover y, setting limitations
1018	992		on discovery, if any; and determining such other matters, including
1019	993		the allocation of expenses, as are necessary for the proper
1020	994		management of discovery in the action. In preparing the plan for
1021	995		discovery the court shall protect the parties from excessive or
1022	996		abusive use of discovery. An order shall be altered or amended
1023	997		whenever justice so requires.
1024	998		Subject to the right of a party who pro perly moves for a
1025	999		discovery conference to prompt convening of the conference, the
1026	1000		court may combine the discovery conference with a pretrial
1027	1001		conference.
1028	1002		G. SIGNING OF DISCOVERY REQUESTS, RESPONSES AND OBJECTIONS.
1029	1003		Every request for discovery, response or objection thereto made by a
	1004	+	party represented by an attorney shall be signed by at least one of
	1005	+	the party's attorneys of record in the party's individual name whose
	1006	+	address shall be stated. A party who is not represented by an
	1007	+	attorney shall sign the requ est, response or objection and state the
	1008	+	party's address. The signature of the attorney or party constitutes
	1009	+	a certification that the party has read the request, response or
	1010	+	objection, and that it is:
1030	1011
1031		-	SENATE FLOOR VERSION - HB2619 SFLR Page 21
1032		-	(Bold face denotes Committee Amendments) 1
	1012	+	ENGR. H. B. NO. 2619 Page 21 1
1033	1013		2
1034	1014		3
1035	1015		4
1036	1016		5
1037	1017		6
1038	1018		7
1039	1019		8
1040	1020		9
1041	1021		10
1042	1022		11
1043	1023		12
1044	1024		13
1045	1025		14
1046	1026		15
1047	1027		16
1048	1028		17
1049	1029		18
1050	1030		19
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1053	1033		22
1054	1034		23
1055	1035		24
1056	1036
1057		-	party represented by an attorney shall be signed by at least one of
1058		-	the party's attorneys of record in the party's individual name whose
1059		-	address shall be stated. A party who is not represe nted by an
1060		-	attorney shall sign the request, response or objection and state the
1061		-	party's address. The signature of the attorney or party constitutes
1062		-	a certification that the party has read the request, response or
1063		-	objection, and that it is:
1064	1037		1. To the best of the party's knowledge, information and belief
1065	1038		formed after a reasonable inquiry consistent with the Oklahoma
1066	1039		Discovery Code and warranted by existing law or a good -faith
1067	1040		argument for the extension, modification or reversal of existing
1068	1041		law;
1069	1042		2. Interposed in good faith and not primarily to c ause delay or
1070	1043		for any other improper purpose; and
1071	1044		3. Not unreasonable or unduly burdensome or exp ensive, given
1072	1045		the nature and complexity of the case, the discovery already had in
1073	1046		the case, the amount in controversy, and other values at stake in
1074	1047		the litigation. If a request, response or objection is not signed,
1075	1048		it shall be deemed ineffective.
1076	1049		If a certification is made in violation of the provisions of
1077	1050		this subsection, the court, upon motion or upon its own initiative,
1078	1051		shall impose upon the person who made the certification, the party
1079	1052		on whose behalf the request, response or objection is made, or both,
1080	1053		an appropriate sanction, which may include an order to pay to the
	1054	+	amount of the reasonable expenses occasioned thereby, including a
	1055	+	reasonable attorney fee.
	1056	+	SECTION 3. NEW LAW A new section of law to be codified
	1057	+	in the Oklahoma Statutes as Section 3226.2 of Title 12, unless there
	1058	+	is created a duplication in numbering, reads as follows:
	1059	+	As used in the Oklahoma Discovery Code:
1081	1060
1082		-	SENATE FLOOR VERSION - HB2619 SFLR Page 22
1083		-	(Bold face denotes Committee Amendments) 1
	1061	+	ENGR. H. B. NO. 2619 Page 22 1
1084	1062		2
1085	1063		3
1086	1064		4
1087	1065		5
1088	1066		6
1089	1067		7
1090	1068		8
1091	1069		9
1092	1070		10
1093	1071		11
1094	1072		12
1095	1073		13
1096	1074		14
1097	1075		15
1098	1076		16
1099	1077		17
1100	1078		18
1101	1079		19
1102	1080		20
1103	1081		21
1104	1082		22
1105	1083		23
1106	1084		24
1107	1085
1108		-	amount of the reasonable expenses occasioned thereby , including a
1109		-	reasonable attorney fee.
1110		-	SECTION 3. NEW LAW A new section of law to be codified
1111		-	in the Oklahoma Statutes as Section 3226.2 of Title 12, unless there
1112		-	is created a duplication in numbering, reads as follows:
1113		-	As used in the Oklahoma Discovery Code:
1114	1086		1. "Commercial litigation funder" means any person or entity,
1115	1087		other than an attorney permitted to charge a c ontingent fee for
1116	1088		representing a party, that enters into a contract establishing a
1117	1089		right to receive compensation that is contingent on and sourced from
1118	1090		any proceeds of the civil action by settlement, judgment, or
1119	1091		otherwise. Commercial litigation funder shall not include a
1120	1092		consumer litigation funder as defined in Section 3 -801 of Title 14A
1121	1093		of the Oklahoma Statutes; and
1122	1094		2. "Commercial litigation funding agreeme nt" means an agreement
1123	1095		under which the commercial litigation funder is granted a right to
1124	1096		receive compensation contingent on and sourced from any proceeds of
1125	1097		a civil action by settlement, judgment, or otherwise. A commercial
1126	1098		litigation funding agreement s hall not include:
1127	1099		a. legal representation services provided on a
1128	1100		contingency fee basis or legal costs advanced by a
1129	1101		legal representative where such services or costs are
1130	1102		provided to or on behalf of a client by an attorney
1131	1103		representing the party in the disp ute and in
	1104	+	accordance with the Oklahoma Rules of Professional
	1105	+	Conduct,
	1106	+	b. an agreement entered int o between an attorney or law
	1107	+	firm and a commercial litigation funder or any other
	1108	+	entity. Sharing of fees by an attorney or law firm
	1109	+	shall be in accordance w ith the Oklahoma Rules of
1132	1110
1133		-	SENATE FLOOR VERSION - HB2619 SFLR Page 23
1134		-	(Bold face denotes Committee Amendments) 1
	1111	+	ENGR. H. B. NO. 2619 Page 23 1
1135	1112		2
1136	1113		3
1137	1114		4
1138	1115		5
1139	1116		6
1140	1117		7
1141	1118		8
1142	1119		9
1143	1120		10
1144	1121		11
1145	1122		12
1146	1123		13
1147	1124		14
1148	1125		15
1149	1126		16
1150	1127		17
1151	1128		18
1152	1129		19
1153	1130		20
1154	1131		21
1155	1132		22
1156	1133		23
1157	1134		24
1158	1135
1159		-	accordance with the Oklahoma Rules of Professional
1160		-	Conduct,
1161		-	b. an agreement entered int o between an attorney or law
1162		-	firm and a commercial litigation funder or any other
1163		-	entity. Sharing of fees by an attorn ey or law firm
1164		-	shall be in accordance with the Oklahoma Rules of
1165	1136		Professional Conduct including but not limited to
1166	1137		Rules 1.5 and 5.4 of Appendix 3 -A of Title 5 of the
1167	1138		Oklahoma Statutes, or
1168	1139		c. a consumer litigation funding agreement as defined in
1169	1140		Section 3-801 of Title 14A of the Oklahoma Statut es.
1170	1141		SECTION 4. This act shall become effective November 1, 2025.
1171		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
1172		-	April 22, 2025 - DO PASS
	1142	+	Passed the House of Representatives the 11th day of March, 2025.
	1143	+
	1144	+
	1145	+
	1146	+
	1147	+	Presiding Officer of the House
	1148	+	of Representatives
	1149	+
	1150	+
	1151	+	Passed the Senate the ____ day of __________, 2025.
	1152	+
	1153	+
	1154	+
	1155	+
	1156	+	Presiding Officer of the Senate
	1157	+
	1158	+