Oklahoma State Rules

Ediscovery Rules

Ok. Sup. Ct. R. 5 (G)(6)
Ok. Stat. §12-2004.1
Ok. Stat. §12-3226
Ok. Stat. §12-3233
Ok. Stat. §12-3234
Ok. Stat. §12-3237

Activity with Regards to Federal Rules of Civil Procedure Amendments

On November 1, 2010, amendments were made to Oklahoma’s Code of Civil Procedure that address electronically stored information. These amendments are largely analogous to the 2006 FRCP, without a mandatory meet and confer conference. In early 2017, the Oklahoma legislature proposed amendments to adopt the 2015 FRCP's proportionality language, and to add that a party may produce ESI instead of allowing an inspection. On April 27, 2017, the Senate added a sentence to its proposal, re-inserting the "reasonably calculated" language back into the rule but also retaining the "relevant and proportional" wording. The Oklahoma House and Senate passed the bill in late May 2017, and if signed by the governor, these changes will become effective November 1, 2017.

Useful Link(s)

Supreme Court Rule 5:
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=471119

Oklahoma Rules of Civil Procedure:
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440624

Oklahoma Pleading Code:
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=94863

Proposed amendments:
https://legiscan.com/OK/bill/HB1570/2017

Cody J. Cooper, E-Discovery Under Rule 26, Oklahoma Bar Journal:
http://www.okbar.org/members/BarJournal/archive2013/MarArchive13/obj848cooper.aspx

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