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An Act
ENROLLED SENATE
BILL NO. 453 By: Howard of the Senate
and
Harris of the House
An Act relating to civil actions; creating the
Oklahoma Expedited Actions Act; providing short
title; providing for application of expedited actions
process; establishing limitation for certain
judgments; prescribing procedures for removal of case
from expedited actions process; establishing
discovery procedures for certain process; requiring
setting of trial date within certain time period;
prescribing time limits for trial; defining term;
authorizing referral to alternative dispute
resolution; establishing procedures related to
challenging admissibility of expert testimony;
amending 12 O.S. 2021, Section 2702, which relates to
expert testimony; modifying requirements to qualify
certain expert testimony; defining terms; prohibiting
limitation on award for economic loss; establishing
limitation on award for noneconomic loss for certain
injuries; providing exceptions; establishing
limitation on award for noneconomic loss for injuries
causing certain mental incapacity; providing
exceptions for limitations due to certain acts of
defendant; requiring findings of fact or general
verdict to specify certain information; specifying
applicability of provisions; repealing 23 O.S. 2021,
Section 61.2, which relates to bodily injury economic
and noneconomic loss compensation; providing for
codification; and providing an effective date.
SUBJECT: Civil actions
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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:
Sections 1 through 8 of 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:
A. The expedited actions process provided for in this act shall
apply 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 brings 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
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thirty (30) days after the discovery period is closed or thirty (30)
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 shall be 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 shall 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 shall 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 shall have no more than twenty (20) hours in
total to examine and cross-examine all witnesses in oral
depositions. The 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
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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 section no
longer applicable, the discovery period shall reopen and discovery
shall 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:
Upon request of any party, the court shall set the case for a
trial date that is within ninety (90) days after the discovery
period 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. 1. Each side shall be 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.
2. For purposes of this subsection, “side” means one or more
litigants who have common interests on the matters with which the
jury is concerned, and is not synonymous with “party”, “litigant”,
or “person”.
B. Time spent on objections, bench conferences, bills of
exception, and challenges for cause to a juror shall not be included
in the time limit set forth in subsection A of this section.
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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. Such procedure shall:
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 referral to
alternative dispute resolution 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. The requirements of this section shall not
apply to a motion to strike for late designation.
SECTION 9. AMENDATORY 12 O.S. 2021, Section 2702, is
amended to read as follows:
Section 2702. If scientific, technical, or other specialized
knowledge will assist the trier of fact to understand the evidence
or to determine a fact in issue, a witness qualified as an expert by
knowledge, skill, experience, training, or education may testify in
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the form of an opinion or otherwise, if the proponent demonstrates
to the court that it is more likely than not that:
1. The expert’s scientific, technical, or other specialized
knowledge will help the trier of fact to understand the evidence or
to determine a fact in issue;
2. The testimony is based upon sufficient facts or data;
2. 3. The testimony is the product of reliable principles and
methods; and
3. 4. The witness has applied expert’s opinion reflects a
reliable application of the principles and methods reliably to the
facts of the case.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 61.3 of Title 23, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Bodily injury” means actual physical injury to the body of
a person and sickness or disease resulting therefrom;
2. “Economic damages” means any type of pecuniary harm
including, but not limited to:
a. all wages, salaries, or other compensation lost as a
result of a bodily injury that is the subject of a
civil action,
b. all costs incurred for medical care or treatment,
rehabilitation services, or other care, treatment,
services, products, or accommodations as a result of a
bodily injury that is the subject of a civil action,
or
c. any other costs incurred as a result of a bodily
injury that is the subject of a civil action;
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3. “Fraudulent” or “fraud” means “actual fraud” as defined
pursuant to Section 58 of Title 15 of the Oklahoma Statutes;
4. “Gross negligence” means the want of slight care and
diligence;
5. “Malice” involves hatred, spite, or ill will, or the doing
of a wrongful act intentionally without just cause or excuse;
6. “Noneconomic damages” means nonpecuniary harm that arises
from a bodily injury that is the subject of a civil action,
including damages for:
a. pain and suffering,
b. loss of society, consortium, companionship, care,
assistance, attention, protection, advice, guidance,
counsel, instruction, training, or education,
c. disfigurement
d. mental anguish, and
e. any other intangible loss; and
7. “Reckless disregard of another’s rights” shall have the same
meaning as willful and wanton conduct and shall mean that the
defendant was either aware, or did not care, that there was a
substantial and unnecessary risk that his, her, or its conduct would
cause serious injury to others. In order for the conduct to be in
reckless disregard of another’s rights, it must have been
unreasonable under the circumstances and there must have been a high
probability that the conduct would cause serious harm to another
person.
B. In any civil action arising from a claimed bodily injury,
the amount of compensation which the trier of fact may award a
plaintiff for economic loss shall not be subject to any limitation.
C. 1. Except as provided in paragraph 2 of this subsection, in
any civil action arising from a claimed bodily injury, the amount of
compensation which a trier of fact may award a plaintiff for
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noneconomic loss shall not exceed Five Hundred Thousand Dollars
($500,000.00), regardless of the number of parties against whom the
action is brought or the number of actions brought.
2. If the trier of fact finds that a plaintiff has suffered
permanent and severe physical injury, including a substantial
physical abnormality or disfigurement, loss of use of a limb, or
loss of or substantial impairment to a major body organ or system,
or an injury of any type that renders the plaintiff incapable of
being able to independently care for himself or herself or perform
life-sustaining activities, there shall be no limit on the amount of
compensation that a trier of fact may award the plaintiff for
noneconomic loss.
D. If the trier of fact finds that a plaintiff has suffered a
permanent mental injury that itself severely impairs the plaintiff’s
ability to be employed or enjoy a reasonable standard of living, the
amount of compensation that a trier of fact may award a plaintiff
for noneconomic loss shall not exceed One Million Dollars
($1,000,000.00), regardless of the number of parties against whom
the action is brought or the number of actions brought.
E. Notwithstanding subsection C or D of this section, there
shall be no limit on the amount of noneconomic damages that the
trier of fact may award the plaintiff in a civil action arising from
a claimed bodily injury resulting from negligence if the judge and
jury find, by clear and convincing evidence, that the defendant’s
acts or failures to act were:
1. In reckless disregard for the rights of others;
2. Grossly negligent;
3. Fraudulent; or
4. Intentional or with malice.
F. In the trial of a civil action arising from claimed bodily
injury, if the verdict is for the plaintiff, the court, in a nonjury
trial, shall make findings of fact, and the jury, in a trial by
jury, shall return a general verdict accompanied by answers to
interrogatories, which shall specify all of the following:
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1. The total compensatory damages recoverable by the plaintiff;
2. That portion of the total compensatory damages representing
the plaintiff’s economic loss;
3. That portion of the total compensatory damages representing
the plaintiff’s noneconomic loss; and
4. If alleged, whether the conduct of the defendant was or
amounted to:
a. reckless disregard for the rights of others,
b. gross negligence,
c. fraud, or
d. intentional or malicious conduct.
G. This section shall not apply to actions brought under The
Governmental Tort Claims Act or actions brought pursuant to Section
7 of Article XXIII of the Oklahoma Constitution.
H. This section shall apply to injuries occurring on or after
the effective date of this act.
SECTION 11. REPEALER 23 O.S. 2021, Section 61.2, is
hereby repealed.
SECTION 12. This act shall become effective September 1, 2025.
ENR. S. B. NO. 453 Page 10
Passed the Senate the 22nd day of May, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 22nd day of May, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________