Oklahoma § 12-192.1 - Indigency exemption - Promulgation of rules

§ 12-192.1. Indigency exemption - Promulgation of rules

A. When a plaintiff requests an indigency exemption from

providing an affidavit of merit in a civil action for negligence

pursuant to Section 2 of this act, such person shall submit an

appropriate application to the court clerk, on a form created by the

Administrative Director of the Courts, which shall state that the

application is signed under oath and under the penalty of perjury

and that a false statement may be prosecuted as such.

B. 1. The Supreme Court shall promulgate rules governing the

determination of indigency for a plaintiff claiming an exemption

from providing an affidavit of merit in a civil action for

negligence pursuant to Section 2 of this act. The initial

determination of indigency shall be made by the Chief Judge of the

Judicial District or a designee thereof, based on the plaintiff's

application and the rules provided herein.

2. Upon promulgation of the rules required by law, the

determination of indigency shall be subject to review by the

Presiding Judge of the Judicial Administrative District.

Added by Laws 2013, 1st Ex.Sess., c. 12, § 4.

NOTE: Text formerly resided under repealed Title 12, § 192, which

was derived from Laws 2009, c. 228, § 4, 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).