Oklahoma § 76-96 Service of report on all defendants - Trial docket -

Oklahoma Statutes

§ 76-96 — Service of report on all defendants - Trial docket -

Oklahoma·Title 76 Torts

Interpretation.

A.In order to have an asbestos or silica claim placed on any active trial docket in this state, or brought to trial in this state, or conduct discovery in an asbestos or silica claim in this state, an individual must provide prima facie evidence of impairment by serving on each defendant who answers or otherwise appears, a report prescribed by this act.

B.In an action pending on the effective date of this act, the case shall not be allowed to be called for or proceed to trial until ninety (90) days after a report has been served on each defendant.

C.This act shall not be interpreted to create, alter, or eliminate a legal cause of action for any asbestos- and/or silica- related claimant who has been diagnosed with any asbestos- and/or silica-related disease. The act sets

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Interpretation. A. In order to have an asbestos or silica claim placed on any active trial docket in this state, or brought to trial in this state, or conduct discovery in an asbestos or silica claim in this state, an individual must provide prima facie evidence of impairment by serving on each defendant who answers or otherwise appears, a report prescribed by this act. B. In an action pending on the effective date of this act, the case shall not be allowed to be called for or proceed to trial until ninety (90) days after a report has been served on each defendant. C. This act shall not be interpreted to create, alter, or eliminate a legal cause of action for any asbestos- and/or silica- related claimant who has been diagnosed with any asbestos- and/or silica-related disease. The act sets the procedure by which the courts in this state shall manage trial settings for all asbestos- and/or silica-related claims.

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Legislative History

Added by Laws 2013, 1st Ex.Sess., c. 21, § 8, emerg. eff. Sept. 10, 2013. NOTE: Text formerly resided under repealed Title 76, § 66, which was derived from Laws 2009, c. 228, § 60, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).