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OK HB2305
Bill
Status
3/2/2016
Primary Sponsor
David Holt
Click for details
AI Summary
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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
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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
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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
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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
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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