The New Oklahoma Law that Makes Lawsuits Go Quicker

This September 1, the “Oklahoma Expedited Actions Act” goes into effect. The Expedited Actions Act is designed to make civil lawsuits go quicker, and to avoid unnecessary delay. The new law applies to cases where a party seeks money damages less than $250,000. The Act shortens the time it takes to conduct discovery, the trial, alternative dispute resolution, and challenges to expert witnesses.

What cases does the Expedited Actions Act affect?

The Oklahoma Expedited Actions Act applies to all civil lawsuits, in which every claimant (other than counter-claimants) pleads that they are seeking only monetary relief. The relief sought must total $250,000 or less, excluding interest, statutory damages, punitive damages, penalties, attorney’s fees, and court costs. The Oklahoma Expedited Actions Act also applies to divorce cases in which every claimant (other than a counter-claimant) pleads that they are seeking only monetary relief of $250,000 or less, excluding interest, statutory damages, punitive damages, penalties, attorney’s fees, and court costs.

If the Oklahoma Expedited Actions Act governs a case, then any party may ask a judge to remove the case from the Expedited Actions process. If the judge finds “good cause” to remove the case, then the Expedited Actions Act will no longer apply to the case. Also, if any claimant (other than a counter-claimant) files a pleading which seeks non-monetary relief, or seeks monetary relief in excess of $250,000 (excluding interest, statutory damages, punitive damages, penalties, attorney’s fees, and court costs) then the Expedited Actions Act no longer applies. However, in order for a party to file a pleading that removes a case from the Expedited Actions Act, the party must file the pleading within the following time frame:

·         Less then thirty days after the discovery period is closed, or

·         More than thirty days before the case is set for trial

Whichever is earlier.

If the Expedited Actions Act applies to a case, what happens?

Discovery

“Discovery” is the process where one party seeks to obtain information from the other party before trial. For more information on how “discovery” typically works, read my earlier post here.

The Expedited Actions Act makes many changes to the discovery process. In particular:

·         The time for discovery only lasts 180 days. In divorce cases, the time for discovery begins when the first discovery requests are sent to the other party. In non-divorce cases, the time for discovery begins on the date the first initial disclosures are due under the law. No one may conduct discovery after the 180-day period ends.

·         Each party has no more than twenty hours to conduct all depositions. The judge may modify this.

·         No party may serve more than fifteen interrogatories on any other party.

·         No party may serve more than fifteen requests for admission on any other party.

·         No party may serve more than fifteen requests for production of documents on

any other party.

Many of the above terms will be unfamiliar to non-lawyers. It is beyond the scope of this define all of these terms. To see definitions, click here and scroll down to discovery.

The trial

If the Expedited Actions Act applies, the court must set the trial date within ninety days after the discovery period ends. The court may continue the case twice, but continuances may not exceed a total of sixty days.

At trial each side has no more than eight hours to choose the jurors, make opening statements, present evidence, examine and cross-examine witnesses, and make closing arguments. The court may extend this time limit to twelve hours if there is “good cause” This time limit does not include objections, bench conferences, bills of exception, or challenging jurors for cause.

Alternative dispute resolution 

“Alternative dispute resolution” (ADR) refers to processes used to settle cases outside of court. ADR includes mediation, arbitration, negotiation, and other processes. (To read about what mediation and arbitration are, read my blog posts here and here.) If the court orders ADR in a case where the Expedited Actions Act applies, then ADR is subject to the following rules:

·         The ADR may not last more than half a day

·         The fees for the ADR may not be more than twice the amount of the filing fee paid in the case

·         The ADR must be completed at least sixty days before the first trial setting.

If the parties agree, they may conduct ADR outside the bounds of the above rules. If a judge orders ADR, and any party objects, the judge must “consider” the objection unless otherwise prohibited.

Expert witnesses

If a party calls an expert witness, an opposing party may challenge the expert only

·         as an objection to summary judgment evidence during a pretrial conference, or

·         during a trial on the merits, or

·         as a motion to strike an expert witness because the party calling the witness designated the witness too late.

Conclusion

For many years, litigants and lawyers have completed that lawsuits take too long. The Oklahoma Expedited Actions Act was intended to remedy this problem.

If you have a civil lawsuit, the Persaud Law Office can help. We have represented many clients in civil suits, and we can represent you. We will keep up with the Expedited Actions Act and any changes to the law, and we can walk you through the process. If you would like our assistance, please give us a call.

To read the Oklahoma Expedited Actions Act, click here.

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