Oklahoma § 12-3226.1 - Abusive discovery

§ 12-3226.1. Abusive discovery

A. ABUSIVE DISCOVERY. In addition to the protective orders

that a court may issue pursuant to paragraph 1 of subsection C of

Section 3226 of Title 12 of the Oklahoma Statutes, a protective

order may be issued by the court authorizing or denying discovery in

the court in which the action is pending. A protective order may

also be authorized on matters relating to a deposition. The order

may be issued upon a motion by a party or the person from whom

discovery is sought. The motion shall be accompanied by a

certification that the movant has in good faith conferred or

attempted to confer, either in person or by telephone, with other

affected parties in an effort to resolve the dispute without court

action. Upon receipt by the court of the motion and certification,

the court may enter the protective order authorizing or denying the

discovery upon a finding that justice requires a party or person be

protected from annoyance, harassment, embarrassment, oppression or

undue delay, burden, or expense.

B. AWARD OF EXPENSES OF MOTION. If the motion is granted, the

court may, after opportunity for hearing, require the party or

Oklahoma Statutes - Title 12. Civil Procedure

person whose conduct necessitated the motion or the party or

attorney advising such conduct or both of them to pay to the moving

party the reasonable expenses incurred in obtaining the order,

including attorney fees, unless the court finds that the opposition

to the motion was substantially justified or that other

circumstances make an award of expenses unjust.

If the motion is denied, the court may, after opportunity for

hearing, require the moving party or the attorney advising the

motion or both of them to pay to the party or deponent who opposed

the motion the reasonable expenses incurred in opposing the motion,

including attorney fees, unless the court finds that the making of

the motion was substantially justified or that other circumstances

make an award of expenses unjust.

If the motion is granted in part and denied in part, the court

may apportion the reasonable expenses incurred in relation to the

motion among the parties and persons in a just manner.

Added by Laws 2004, c. 368, § 14, eff. Nov. 1, 2004.