House Bill No. 2619, introduced by Harris, amends Section 3226 of Title 12 of the Oklahoma Statutes to enhance the discovery process in legal proceedings by requiring parties to produce any commercial litigation funding agreements upon request. The bill specifies that information related to these agreements is not admissible as evidence in court, thereby protecting the confidentiality of funding sources. Additionally, it mandates that the production of such agreements includes a sworn certification regarding the source of any funds encumbered by the agreement, particularly if they originate from a foreign state or agency. Notably, consumer litigation funding agreements are exempt from these requirements.
The bill also introduces new provisions for handling confidential documents in court, including the requirement for protective orders to be presented to court clerks and retained until needed by the court. It establishes definitions for "commercial litigation funder" and "commercial litigation funding agreement," clarifying exclusions for certain legal representation services. The bill emphasizes compliance with the Oklahoma Rules of Professional Conduct and outlines the responsibilities of counsel in informing witnesses about protective orders. Overall, the bill aims to balance transparency and confidentiality in commercial litigation, with an effective date set for November 1, 2025.