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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 2943 By: Tedford
AS INTRODUCED
An Act relating to the Oklahoma Discovery Code;
amending 12 O.S. 2021, Section 3226.1, which relates
to abusive discovery; authorizing protective orders
when parties seek deposition of high-ranking officers
of a government entity or other public or private
organizations; requiring party seeking protective
order to meet certain burden; requiring court to
issue protective order if burden is met; providing
exception if party seeking deposition meets certain
burden; permitting court to limit deposition if
certain burden is not completely met; authorizing
court to vacate or modify certain protective orders
under certain circumstances; updating outline; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 3226.1, is
amended to read as follows:
Section 3226.1. A. ABUSIVE DISCOVERY. In addition to the
protective orders that a court may issue pursuant to paragraph 1 of
subsection C of Section 3226 of Title 12 of the Oklahoma Statutes, a
protective order may be issued by the court authorizing or denying
discovery in the court in which the action is pending. A protective
order may also be authorized on matters relating to a deposition.
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The order may be issued upon a motion by a party or the person from
whom discovery is sought. The motion shall be accompanied by a
certification that the movant has in good faith conferred or
attempted to confer, either in person or by telephone, with other
affected parties in an effort to resolve the dispute without court
action. Upon receipt by the court of the motion and certification,
the court may enter the protective order authorizing or denying the
discovery upon a finding that justice requires a party or person be
protected from annoyance, harassment, embarrassment, oppression or
undue delay, burden, or expense.
B. DEPOSITION OF HIGH-RANKING OFFICER.
1. Good cause for a protective order exists under subsection A
of this section to prevent the deposition of a high-ranking officer
of a government entity or other public or private organization if
the party seeking the protective order demonstrates that the person
sought to be deposed:
a. is a current or former high-ranking officer of a
government entity or other public or private
organization that is large and complex,
b. has unique and extensive scheduling demands or
responsibilities, and
c. lacks unique personal knowledge of the issues being
litigated.
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The party seeking the protective order shall file a motion,
accompanied by an affidavit or declaration of the officer,
establishing these requirements.
2. If the party seeking the protective order meets this burden,
this court shall issue an order preventing the deposition unless the
party seeking the deposition demonstrates that:
a. it has exhausted other reasonable means of discovery,
b. such discovery is inadequate, and
c. the officer has unique personal knowledge of
discoverable information.
3. To the extent that the party seeking a protective order
demonstrates that an officer lacks unique personal knowledge of
some, but fewer than all, matters relevant to the subject matter
involved in the pending action, the court may limit the scope of the
deposition accordingly. The court may vacate or modify the order
if, after additional discovery, the party seeking the deposition can
meet the burden provided in paragraph 2 of this subsection.
C. 1. AWARD OF EXPENSES OF MOTION. If the motion is granted,
the court may, after opportunity for hearing, require the party or
person whose conduct necessitated the motion or the party or
attorney advising such conduct or both of them to pay to the moving
party the reasonable expenses incurred in obtaining the order,
including attorney fees, unless the court finds that the opposition
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to the motion was substantially justified or that other
circumstances make an award of expenses unjust.
2. If the motion is denied, the court may, after opportunity
for hearing, require the moving party or the attorney advising the
motion or both of them to pay to the party or deponent who opposed
the motion the reasonable expenses incurred in opposing the motion,
including attorney fees, unless the court finds that the making of
the motion was substantially justified or that other circumstances
make an award of expenses unjust.
3. If the motion is granted in part and denied in part, the
court may apportion the reasonable expenses incurred in relation to
the motion among the parties and persons in a just manner.
SECTION 2. This act shall become effective November 1, 2026.
60-2-14557 AQH 12/05/25