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ENGR. H. B. NO. 1564 Page 1
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ENGROSSED HOUSE
BILL NO. 1564 By: Duel of the House
and
Howard of the Senate
An Act relating to civil procedure; creating the
Oklahoma Expedited Actions Act; providing for
application of expedited actions process; providing
for recovery; prescribing process for removal of case
from expedited actions process; providing process
governing discovery; providing for trial setting;
prescribing time limits for trial; defining term;
providing alternative dispute resolution; prescribing
procedures related to challenging admissibility of
expert testimony; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1775 of Title 12, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Oklahoma
Expedited Actions Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1776 of Title 12, unless there
is created a duplication in numbering, reads as follows:
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A. The expedited actions process provided for in Section 1 of
this act applies to a suit in which all claimants, other than
counter-claimants, affirmatively plead that they seek only monetary
relief aggregating Two Hundred Fifty Thousand Dollars ($250,000.00)
or less, excluding interest, statutory or punitive damages and
penalties, and attorney fees and costs.
B. In no event may a party who prosecutes a suit under this act
recover a judgment in excess of Two Hundred Fifty Thousand Dollars
($250,000.00), excluding interest, statutory or punitive damages and
penalties, and attorney fees and costs.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1777 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. A court shall remove a suit from the expedited actions
process:
1. On motion and a showing of good cause by any party; or
2. If any claimant, other than a counter-claimant, files a
pleading or an amended or supplemental pleading that seeks any
relief other than the monetary relief allowed by Section 2 of this
act.
B. A pleading, amended pleading, or supplemental pleading that
removes a suit from the expedited actions process may not be filed
without leave of court unless it is filed before the earlier of
thirty (30) days after the discovery period is closed or thirty (30)
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days before the date is set for trial. Leave to amend may be
granted only if good cause for filing the pleading outweighs any
prejudice to an opposing party.
C. If a suit is removed from the expedited actions process, the
court shall reopen discovery.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1778 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. Every case that follows the expedited actions process shall
be governed by the discovery control plan provided for in this
section. Discovery is subject to the limitations provided for in
Section 3226 of Title 12 of the Oklahoma Statutes and to the
following additional limitations:
1. In a suit not governed by Title 43 of the Oklahoma
Statutes, all discovery must be conducted during the discovery
period, which begins when the first initial disclosures are due and
continues for one hundred eighty (180) days. In a suit governed by
Title 43 of the Oklahoma Statutes, all discovery must be conducted
during the discovery period, which begins when the suit is filed and
continues until one hundred eighty (180) days after the first
request for discovery of any kind is served on a party;
2. Each party may have no more than twenty (20) hours in total
to examine and cross-examine all witnesses in oral depositions. The
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court may modify the deposition hours so that no party is given
unfair advantage;
3. Any party may serve on any other party no more than fifteen
written interrogatories, excluding interrogatories asking a party
only to identify or authenticate specific documents. Each discrete
subpart of an interrogatory is considered a separate interrogatory;
4. Any party may serve on any other party no more than fifteen
written requests for production. Each discrete subpart of a request
for production is considered a separate request for production; and
5. Any party may serve on any other party no more than fifteen
written requests for admissions. Each discrete subpart of a request
for admission is considered a separate request for admission.
B. If a suit is removed from the expedited actions process or,
in a divorce, the filing of a pleading renders this subdivision no
longer applicable, the discovery period reopens, and discovery must
be completed within the limitations provided in Section 3226 of
Title 12 of the Oklahoma Statutes. Any person previously deposed
may be redeposed. On motion of any party, the court should continue
the trial date if necessary to permit completion of discovery.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1779 of Title 12, unless there
is created a duplication in numbering, reads as follows:
On any party's request, the court shall set the case for a trial
date that is within ninety (90) days after the discovery period
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ends. The court may continue the case twice, not to exceed a total
of sixty (60) days.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1780 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. Each side is allowed no more than eight (8) hours to
complete jury selection, opening statements, presentation of
evidence, examination and cross-examination of witnesses, and
closing arguments. On motion and a showing of good cause by any
party, the court may extend the time limit to no more than twelve
(12) hours per side.
B. The term "side" is not synonymous with "party", "litigant",
or "person". Rather, "side" means one or more litigants who have
common interests on the matters with which the jury is concerned.
C. Time spent on objections, bench conferences, bills of
exception, and challenges for cause to a juror are not included in
the time limit.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1781 of Title 12, unless there
is created a duplication in numbering, reads as follows:
A. Unless the parties have agreed not to engage in alternative
dispute resolution, the court may refer the case to an alternative
dispute resolution procedure once, and the procedure shall:
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1. Not exceed a half-day in duration, excluding scheduling
time;
2. Not exceed a total cost of twice the amount of applicable
civil filing fees; and
3. Be completed no later than sixty (60) days before the
initial trial setting.
B. The court shall consider objections to the referral unless
prohibited by statute.
C. The parties may agree to engage in alternative dispute
resolution other than that provided for in subsection A of this
section.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1782 of Title 12, unless there
is created a duplication in numbering, reads as follows:
Unless requested by the party sponsoring the expert, a party may
only challenge the admissibility of expert testimony as an objection
to summary judgment evidence during a pretrial conference or during
the trial on the merits. This section does not apply to a motion to
strike for late designation.
SECTION 9. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 17th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate