Oklahoma § 12-19.1 - Affidavit of consultation with qualified expert Extension - Exemption

§ 12-19.1. Affidavit of consultation with qualified expert Extension - Exemption

A. 1. In any civil action for negligence wherein the plaintiff

shall be required to present the testimony of an expert witness to

establish breach of the relevant standard of care and that such

breach of duty resulted in harm to the plaintiff, except as provided

in subsection B of this section, the plaintiff shall attach to the

petition an affidavit attesting that:

a.

the plaintiff has consulted and reviewed the facts of

the claim with a qualified expert,

b.

the plaintiff has obtained a written opinion from a

qualified expert that clearly identifies the plaintiff

and includes the determination of the expert that,

based upon a review of the available material

including, but not limited to, applicable records,

facts or other relevant material, a reasonable

interpretation of the facts supports a finding that

the acts or omissions of the defendant against whom

the action is brought constituted negligence, and

c.

on the basis of the review and consultation of the

qualified expert, the plaintiff has concluded that the

claim is meritorious and based on good cause.

2. If the civil action for negligence is filed:

Oklahoma Statutes - Title 12. Civil Procedure

a.

without an affidavit being attached to the petition,

as required in paragraph 1 of this subsection, and

b.

no extension of time is subsequently granted by the

court, pursuant to subsection B of this section,

the court shall, upon motion of the defendant, dismiss the action

without prejudice to its refiling.

3. The written opinion from the qualified expert shall state

the acts or omissions of the defendant or defendants that the expert

then believes constituted negligence and shall include reasons

explaining why the acts or omissions constituted negligence. The

written opinion from the qualified expert shall not be admissible at

trial for any purpose nor shall any inquiry be permitted with regard

to the written opinion for any purpose either in discovery or at

trial.

B. 1. The court may, upon application of the plaintiff for

good cause shown, grant the plaintiff an extension of time, not

exceeding ninety (90) days after the date the petition is filed,

except for good cause shown, to file in the action an affidavit

attesting that the plaintiff has obtained a written opinion from a

qualified expert as described in paragraph 1 of subsection A of this

section.

2. If on the expiration of an extension period described in

paragraph 1 of this subsection, the plaintiff has failed to file in

the action an affidavit as described above, the court shall, upon

motion of the defendant, unless good cause is shown for such

failure, dismiss the action without prejudice to its refiling. If

good cause is shown, the resulting extension shall in no event

exceed sixty (60) days.

C. 1. Upon written request of any defendant in a civil action

for negligence, the plaintiff shall, within ten (10) business days

after receipt of such request, provide the defendant with:

a.

a copy of the written opinion of a qualified expert

mentioned in an affidavit filed pursuant to subsection

A or B of this section, and

b.

an authorization from the plaintiff in a form that

complies with applicable state and federal laws,

including the Health Insurance Portability and

Accountability Act of 1996, for the release of any and

all relevant records related to the plaintiff for a

period commencing five (5) years prior to the incident

that is at issue in the civil action for negligence.

2. If the plaintiff fails to comply with paragraph 1 of this

subsection, the court shall, upon motion of the defendant, unless

good cause is shown for such failure, dismiss the action without

prejudice to its refiling.

D. A plaintiff in a civil action for negligence may claim an

exemption to the provisions of this section based on indigency

Oklahoma Statutes - Title 12. Civil Procedure

pursuant to the qualification rules established as set forth in

Section 4 of this act.

Added by Laws 2013, 1st Ex.Sess., c. 12, § 2.

NOTE: Text formerly resided under repealed Title 12, § 19, which

was derived from Laws 2009, c. 228, § 2, which was held

unconstitutional by the Oklahoma Supreme Court in the case of

Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789

(Okla. 2013).