Oklahoma § 76-86 - Defendant's identification of additional or alternative
Full text of Oklahoma Oklahoma Statutes § 76-86 — Defendant's identification of additional or alternative, with citation guidance and answers to common questions.
§ 76-86. Defendant's identification of additional or alternative
personal injury trusts.
DEFENDANT'S IDENTIFICATION OF ADDITIONAL OR ALTERNATIVE PERSONAL
INJURY TRUSTS.
A. 1. Not later than ninety (90) days before trial, any
defendant may move the court for an order under subsection D of this
section by identifying a personal injury trust against which the
defendant in good faith believes the plaintiff can file a successful
claim. For each personal injury trust a defendant identifies, the
defendant shall produce or describe the evidence sufficient to meet
the personal injury trust distribution procedure requirements to
file a valid claim and the amount of money the trust should pay for
the claim.
2. Notwithstanding any other provision of this subsection, if
the plaintiff produces additional information that supports the
filing of an additional personal injury trust claim, a defendant may
file a motion to stay the proceedings within seven (7) days of
receiving the additional information.
B. Within ten (10) days of receiving a motion under subsection
A of this section, the plaintiff shall, for each personal injury
trust identified by the defendant:
1. File a claim with the personal injury trust;
2. File a written response with the court that sets forth
reasons why there is insufficient evidence to permit the plaintiff
to file a claim in good faith under the personal injury trust
distribution procedure identified by the defendant; or
3. File a written response with the court requesting a
determination that the plaintiff's or attorney's fees and expenses
to prepare and file the personal injury trust claim identified in
the defendant's motion exceed the plaintiff’s reasonably anticipated
recovery from the personal injury trust.
C. If the defendant has met its burden under subsection A of
this section, and if the plaintiff files a response pursuant to
Oklahoma Statutes - Title 76. Torts
paragraph 2 of subsection B of this section, the court shall
determine, for each personal injury trust identified under
subsection A of this section, whether there is a good-faith basis
for the plaintiff to file a claim with the personal injury trust or
if the plaintiff does not meet criteria set forth in the personal
injury trust's trust governance documents.
D. If the defendant has met its burden under subsection A of
this section and if the plaintiff files a response pursuant to
paragraph 3 of subsection B of this section, the court shall
determine if the plaintiff’s or attorney's fees and expenses to
prepare and file the personal injury trust claim identified in the
defendant's motion, exceed the plaintiff’s reasonably anticipated
recovery from the personal injury trust.
E. If the court determines that there is a good-faith basis for
the plaintiff to file a claim against a personal injury trust
identified by a defendant, the court shall:
1. Order the plaintiff to file a claim with the personal injury
trust and stay the immediate action until the plaintiff swears or
affirms that he or she has filed the claim against the personal
injury trust and the plaintiff provides to all parties a final
executed proof of claim and all other trust claims materials
relevant to each claim the plaintiff has against a personal injury
trust; or
2. If the court determines, pursuant to subsection D of this
section, that the plaintiff’s or attorney's fees and expenses exceed
the plaintiff’s reasonably anticipated recovery from the personal
injury trust, the court shall stay the immediate action until the
plaintiff files with the court and produces to all parties a
verified statement of the plaintiff’s history of exposure, usage, or
other connection, as relevant, to the products, services, or events
covered by the personal injury trust.
F. Not less than thirty (30) days after the plaintiff provides
the documentation required under subsection D of this section, the
court may schedule the plaintiff's action for trial.
G. Not less than thirty (30) days prior to trial, the court
shall enter into the record a trust claims document that identifies
each personal injury claim the plaintiff has made against a personal
injury trust.
Added by Laws 2013, c. 215, § 6, eff. Nov. 1, 2013.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 76-86
What does Oklahoma Statutes § 76-86 cover?
Section 76-86 ("Defendant's identification of additional or alternative") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 76-86?
A common citation format is "Oklahoma Statutes § 76-86" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 76-86 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.