Oklahoma § 63-5053.3 - Actions brought by individuals - Participation by state

§ 63-5053.3. Actions brought by individuals - Participation by state

- Procedure.

A. If the state proceeds with the action pursuant to Section

5053.2 of this title, it shall have the primary responsibility for

prosecuting the action, and shall not be bound by an act of the

person bringing the action. Such person shall have the right to

continue as a party to the action, subject to the limitations set

forth in this subsection.

1. The state may dismiss the action notwithstanding the

objections of the person initiating the action if the person has

been notified by the state of the filing of the motion and the court

has provided the person with an opportunity for a hearing on the

motion.

2. The state may settle the action with the defendant

notwithstanding the objections of the person initiating the action

if the court determines, after a hearing, that the proposed

settlement is fair, adequate, and reasonable under all the

circumstances. Upon a showing of good cause, the hearing may be

held in camera.

3. Upon a showing by the state that unrestricted participation

during the course of the litigation by the person initiating the

action would interfere with or unduly delay the state's prosecution

of the case, or would be repetitious, irrelevant, or for purposes of

harassment, the court may, in its discretion, impose limitations on

the participation of the person, such as:

a.

limiting the number of witnesses the person may call,

b.

limiting the length of the testimony of the witnesses,

c.

limiting the person's cross-examination of witnesses,

or

Oklahoma Statutes - Title 63. Public Health and Safety

d.

otherwise limiting the participation by the person in

the litigation.

4. Upon a showing by the defendant that unrestricted

participation during the course of the litigation by the person

initiating the action would be for purposes of harassment or would

cause the defendant undue burden or unnecessary expense, the court

may limit the participation by the person in the litigation.

B. If the state elects not to proceed with the action, the

person who initiated the action shall have the right to conduct the

action. If the state so requests, it shall be served with copies of

all pleadings filed in the action and shall be supplied with copies

of all deposition transcripts at the expense of the state. When a

person proceeds with the action, the court, without limiting the

status and rights of the person initiating the action, may

nevertheless permit the state to intervene at a later date upon a

showing of good cause.

C. Whether or not the state proceeds with the action, upon a

showing by the state that certain actions of discovery by the person

initiating the action would interfere with the state's investigation

or prosecution of a criminal or civil matter arising out of the same

facts, the court may stay the discovery for a period of not more

than sixty (60) days. Such a showing shall be conducted in camera.

The court may extend the sixty-day period upon a further showing in

camera that the state has pursued the criminal or civil

investigation or proceedings with reasonable diligence and any

proposed discovery in the civil action will interfere with the

ongoing criminal or civil investigation or proceedings.

D. Notwithstanding subsection B of Section 5053.2 of this

title, the state may elect to pursue its claim through any alternate

remedy available to the state, including any administrative

proceeding to determine a civil money penalty. If any alternate

remedy is pursued in another proceeding, the person initiating the

action shall have the same rights in the proceeding as the person

would have had if the action had continued under this section. Any

finding of fact or conclusion of law made in the other proceeding

that has become final shall be conclusive on all parties to an

action under this section. For purposes of this subsection, a

finding or conclusion is final if it has been finally determined on

appeal to the appropriate court of the State of Oklahoma, if all

time for filing the appeal with respect to the finding or conclusion

has expired, or if the finding or conclusion is not subject to

judicial review.

Added by Laws 2007, c. 137, § 4, eff. Nov. 1, 2007. Amended by Laws

2016, c. 44, § 3, eff. Nov. 1, 2016.