Oklahoma § 76-86 - Defendant's identification of additional or alternative

§ 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.