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OK HB2305

Bill

Status

Engrossed

3/2/2016

Primary Sponsor

David Holt

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Extends affidavit of merit requirements to negligence counterclaims and cross-claims, not just original plaintiff petitions, requiring claimants to certify they consulted a qualified expert who provided a written opinion supporting the negligence claim

  • Court may grant up to 90 days extension to file the required affidavit for good cause, with an additional 60-day extension possible if good cause is shown for failure to meet the first deadline

  • Claimants must provide opposing parties within 10 business days upon request: a copy of the expert's written opinion and a HIPAA-compliant authorization for release of relevant records from 5 years prior to the incident

  • Failure to attach the required affidavit or comply with document requests results in dismissal without prejudice upon motion by the opposing party, unless good cause is shown

  • Indigent claimants may claim an exemption from these requirements under qualification rules in Section 192.1; effective date November 1, 2016

Legislative Description

Civil procedure; requiring affidavits of merit in negligence counterclaims and cross-claims; effective date.

Last Action

Second Reading referred to Judiciary

3/10/2016

Committee Referrals

Judiciary3/10/2016
Judiciary and Civil Procedure2/2/2016

Full Bill Text

No bill text available