Oklahoma § 76-97 - Filing of written report and supporting test results of

§ 76-97. Filing of written report and supporting test results of

prima facie showing - Expediting mesothelioma claims.

A. In any action covered by the provisions of this act, a

claimant shall file together with the complaint or other initial

pleading a written report and supporting test results constituting

the prima facie showing required pursuant to this act. In an action

where the claimant either fails to provide such prima facie evidence

or provides inadequate prima facie evidence, the defendant may,

without waiving any defenses otherwise available to him, file within

the time allotted for his Answer, a Notice of Appearance rather than

an Answer to the Complaint. The claimant shall, within ninety (90)

days of receipt of such Answer or Notice of Appearance, provide such

prima facie evidence as is called for by the provisions of this act.

The defendant in any case shall then be afforded a reasonable

opportunity to challenge the adequacy of the proffered prima facie

evidence of asbestos-related or silica-related impairment as

referenced in this section and subsection A of Section 8 of this

act. Upon a finding of failure to make the required prima facie

showing, the claimant's action shall not be placed on any trial

docket nor be the subject of any discovery other than discovery on

the issue of prima facie evidence of impairment. Upon the finding

of the required prima facie showing, no defendant shall be allowed

to challenge such prima facie showing absent a showing of

misrepresentation, fraud, and/or good cause.

B. In any action covered by the provisions of this act in which

the exposed person has received a diagnosis of mesothelioma which

meets the requirements of paragraph 1 of subsection A of Section 6

of this act, the claimant may petition the court requesting that a

trial date be set on an expedited basis. The court may, in its

discretion, provide for an expedited trial setting, if the claimant

demonstrates good cause for such an expedited trial setting and the

defendant(s) is/are not prejudiced by such an expedited trial

setting. In no event shall a trial date be set less than one

hundred twenty (120) days from the date of an order granting such a

motion and in no event shall a case be called for trial unless six

(6) months have passed between the date of the initial filing of the

case and the date of trial.

Added by Laws 2013, 1st Ex.Sess., c. 21, § 9, emerg. eff. Sept. 10,

2013.

Oklahoma Statutes - Title 76. Torts

NOTE: Text formerly resided under repealed Title 76, § 67, which

was derived from Laws 2009, c. 228, § 61, 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).