Oklahoma § 12-684.1 - Action brought pursuant to Affordable Access to Health

§ 12-684.1. Action brought pursuant to Affordable Access to Health

Care Act – Dismissal without order of court.

A. A medical liability action brought pursuant to the

Affordable Access to Health Care Act shall only be dismissed, on the

payment of costs and without an order of court:

1. By the plaintiff, before the later of the completion of

discovery or the court’s ruling on a motion for summary judgment;

2. By the plaintiff at any time before a petition for

intervention or answer praying for affirmative relief against the

plaintiff is filed in the action. The plaintiff may, at any time

before the trial is commenced, on payment of the costs and without

any order of the court, dismiss the action after the filing of a

petition for intervention or answer praying for affirmative relief,

but such dismissal shall not prejudice the right of the intervenor

or defendant to proceed with the action. Any defendant or

intervenor may, in like manner, dismiss an action against the

plaintiff, without an order of the court, at any time before the

trial has begun, on payment of costs made on the claim filed by the

defendant or intervenor; or

3. By agreement of all parties to a civil action at any time

before trial.

B. Such dismissal shall be in writing and signed by the party

or the attorney for the party, and shall be filed with the clerk of

the district court where the action is pending, who shall note the

fact on the proper record. Provided, such dismissal shall be held

Oklahoma Statutes - Title 12. Civil Procedure

to be without prejudice, unless the words "with prejudice" be

expressed therein.

C. If the court finds that a party has acted in bad faith,

vexatiously, wantonly or in an oppressive manner in dismissing an

action under this section, the court, pursuant to subsection A of

this section, may award reasonable costs against the party and

condition the refiling of the case upon payment of the costs.

Added by Laws 2004, c. 368, § 5, eff. Nov. 1, 2004.