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OK HB2072

Bill

Status

Passed

5/14/2013

Primary Sponsor

Nathan Dahm

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Enacts "Rachel's Law" as a new civil procedure statute effective November 1, 2013, addressing recognition and enforcement of foreign defamation judgments in Oklahoma courts.

  • Prohibits Oklahoma courts from recognizing or enforcing foreign defamation judgments (libel or slander from courts outside the U.S. and its territories) that fail to meet three conditions: impartial tribunals with due process, personal jurisdiction over defendant, and subject matter jurisdiction.

  • Requires foreign defamation judgments to meet a preponderance of the evidence standard proving the foreign jurisdiction's defamation law provides equal or greater protection for freedom of speech and press than both the U.S. and Oklahoma Constitutions; void if standards not met.

  • Grants Oklahoma courts personal jurisdiction over persons obtaining foreign defamation judgments against Oklahoma residents, entities amenable to state jurisdiction, those with state assets, or those needing to comply with the judgment in Oklahoma.

  • Applies only to foreign defamation judgments filed for enforcement on or after November 1, 2013, and excludes judgments from federal courts, other U.S. state courts, American Indian tribes, and U.S. territories or possessions.

Legislative Description

Civil procedure; Rachel's Law; prohibiting recognition or enforcement of foreign defamation judgments; effective date.

Civil and Criminal Procedure and Courts

Last Action

Approved by Governor 05/14/2013

5/14/2013

Committee Referrals

Judiciary2/5/2013

Full Bill Text

No bill text available