1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1576 By: Howard
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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 3234, which relates to
8 production of documents; imposing limitation upon
8 requests to produce certain documents or other items;
9 establishing procedures for additional requests for
9 production; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 12 O.S. 2021, Section 3234, is
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14 amended to read as follows:
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15 Section 3234. A. IN GENERAL. A party may serve on any other
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16 party a request within the scope of Section 3226 of this title:
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17 1. To produce and permit the requesting party or its
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18 representative to inspect, copy, test or sample the following items
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19 in the possession, custody or control of the responding party:
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20 a. any designated documents or electronically stored
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21 information - including writings, drawings, graphs,
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22 charts, photographs, sound recordings, images and
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23 other data or data compilations – stored in any medium
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24 from which information can be obtained either directly
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 1 or, if necessary, after translation by the responding
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2 party into a reasonably usable form, or
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3 b. any designated tangible things; or
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4 2. To permit entry onto designated land or other property
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5 possessed or controlled by the responding party so that the
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6 requesting party may inspect, measure, survey, photograph, test or
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7 sample the property or any designated object or operation on it.
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8 B. PROCEDURE. 1. The request:
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9 a. shall describe with reasonable particularity each item
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10 or category of items to be inspected,
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11 b. shall specify a reasonable time, place and manner for
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12 the inspection and for performing the related acts,
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13 and
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14 c. may specify the form or forms in which electronically
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15 stored information is to be produced.
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16 2. The number of requests to produce or permit inspection or
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17 copying shall not exceed thirty in number. If counsel for a party
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18 believes that more than thirty requests to produce or permit
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19 inspection or copying are necessary, counsel shall consult with
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20 opposing counsel promptly and attempt to reach a written stipulation
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21 as to a reasonable number of additional requests. Counsel are
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22 expected to comply with this requirement in good faith. In the
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23 event a written stipulation cannot be agreed upon, the party seeking
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 1 to submit such additional requests for production or inspection
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2 shall file a motion with the court:
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3 a. showing that counsel have conferred in good faith but
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4 sincere attempts to resolve the issue have been
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5 unavailing,
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6 b. showing reasons establishing good cause for their use,
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7 and
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8 c. setting forth the proposed additional requests for
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9 production or inspection.
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10 3. a. The request may be served, without leave of court,
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11 upon any party after the filing of a petition. The
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12 party to whom the request is directed shall respond in
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13 writing within thirty (30) days after being served.
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14 The thirty-day response period shall not commence
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15 until an answer to the petition is filed. However,
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16 upon leave of court or otherwise agreed to in writing
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17 by the parties subject to Section 3229 of this title,
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18 the response to the request may be required prior to
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19 the filing of an answer to the petition.
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20 b. For each item or category, the response shall either
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21 state that inspection and related activities will be
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22 permitted as requested or state with specificity the
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23 grounds for objecting to the request, including the
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24 reasons. The responding party may state that it will
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 1 produce copies of documents or of electronically
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2 stored information instead of permitting inspection.
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3 The production shall be completed no later than the
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4 time for inspection specified in the request, or
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5 another reasonable time specified in the response.
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6 c. An objection shall state whether any responsive
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7 materials are being withheld on the basis of that
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8 objection. An objection to part of a request shall
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9 specify the part and permit inspection of the rest.
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10 d. The response may state an objection to a requested
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11 form for producing electronically stored information.
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12 If the responding party objects to a requested form,
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13 or if no form was specified in the request, the party
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14 shall state the form or forms it intends to use.
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15 e. Unless otherwise stipulated or ordered by the court,
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16 these procedures apply to producing documents or
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17 electronically stored information:
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18 (1) a party shall produce documents as they are kept
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19 in the usual course of business or shall organize
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20 and label them to correspond to the categories in
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21 the request,
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22 (2) if a request does not specify a form for
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23 producing electronically stored information, a
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24 party shall produce it in a form or forms in
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 1 which it is ordinarily maintained or in a
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2 reasonably usable form or forms, and
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3 (3) a party need not produce the same electronically
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4 stored information in more than one form.
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5 C. NONPARTIES. A nonparty may be compelled to produce
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6 documents and tangible things or to permit an inspection as provided
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7 in Section 2004.1 of this title.
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8 SECTION 2. This act shall become effective November 1, 2024.
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10 59-2-3347 TEK 1/8/2024 10:51:13 AM
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