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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 747 By: Reinhardt
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Discovery Code;
7 amending 12 O.S. 2021, Section 3226.1, which relates
8 to abusive discovery; establishing grounds for good
8 cause to issue protective order to prevent deposition
9 of certain officers; requiring certain motion;
9 requiring court to issue certain order; providing
10 exceptions; authorizing limitation of scope of
10 deposition of certain officers; authorizing vacating
11 or modifying order under certain circumstances; and
11 providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 12 O.S. 2021, Section 3226.1, is
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16 amended to read as follows:
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17 Section 3226.1. A. ABUSIVE DISCOVERY. In addition to the
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18 protective orders that a court may issue pursuant to paragraph 1 of
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19 subsection C of Section 3226 of Title 12 of the Oklahoma Statutes, a
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20 protective order may be issued by the court authorizing or denying
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21 discovery in the court in which the action is pending. A protective
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22 order may also be authorized on matters relating to a deposition.
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23 The order may be issued upon a motion by a party or the person from
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24 whom discovery is sought. The motion shall be accompanied by a
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1 certification that the movant has in good faith conferred or
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2 attempted to confer, either in person or by telephone, with other
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3 affected parties in an effort to resolve the dispute without court
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4 action. Upon receipt by the court of the motion and certification,
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5 the court may enter the protective order authorizing or denying the
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6 discovery upon a finding that justice requires a party or person be
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7 protected from annoyance, harassment, embarrassment, oppression or
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8 undue delay, burden, or expense.
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9 B. DEPOSITION OF HIGH-RANKING OFFICER. Good cause for a
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10 protective order exists under subsection A of this section to
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11 prevent the deposition of an officer of an organization if the party
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12 or the person seeking the protective order demonstrates that the
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13 person sought to be deposed:
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14 1. Is a current or former high-ranking officer of a government
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15 entity or any other public or private organization that is large and
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16 complex;
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17 2. Has unique and extensive scheduling demands or
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18 responsibilities; and
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19 3. Lacks unique personal knowledge of the issues being
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20 litigated.
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21 The party or person seeking the protective order shall file a
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22 motion, accompanied by an affidavit or declaration of the officer,
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23 establishing such requirements.
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1 If the party or person meets the burden, the court shall issue
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2 an order preventing the deposition unless the party seeking the
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3 deposition demonstrates that it has exhausted other reasonable means
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4 of discovery, that such discovery is inadequate, and that the
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5 officer has unique and personal knowledge of discoverable
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6 information.
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7 To the extent that the party or the person seeking a protective
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8 order shows that an officer lacks unique personal knowledge of some,
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9 but fewer than all, matters relevant to the subject matter involved
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10 in the pending action, the court may limit the scope of the
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11 deposition accordingly rather than prohibiting altogether the
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12 deposition of the officer. The court may vacate or modify the order
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13 if, after additional discovery, the party seeking the deposition can
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14 meet its burden under this section.
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15 C. AWARD OF EXPENSES OF MOTION. If the motion is granted, the
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16 court may, after opportunity for hearing, require the party or
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17 person whose conduct necessitated the motion or the party or
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18 attorney advising such conduct or both of them to pay to the moving
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19 party the reasonable expenses incurred in obtaining the order,
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20 including attorney fees, unless the court finds that the opposition
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21 to the motion was substantially justified or that other
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22 circumstances make an award of expenses unjust.
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23 If the motion is denied, the court may, after opportunity for
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24 hearing, require the moving party or the attorney advising the
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1 motion or both of them to pay to the party or deponent who opposed
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2 the motion the reasonable expenses incurred in opposing the motion,
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3 including attorney fees, unless the court finds that the making of
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4 the motion was substantially justified or that other circumstances
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5 make an award of expenses unjust.
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6 If the motion is granted in part and denied in part, the court
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7 may apportion the reasonable expenses incurred in relation to the
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8 motion among the parties and persons in a just manner.
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9 SECTION 2. This act shall become effective November 1, 2025.
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11 60-1-1527 TEK 1/19/2025 5:42:27 AM
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Req. No. 1527 Page 4Every fact on this page links to its source, starting with the official bill record.