Oklahoma Expert Witness Discovery Rules

What Is the Scope of Expert Discovery in Oklahoma?

In Oklahoma, the discovery of expert information is guided by 12 Okla. Stat. § 3226, which largely parallels the Federal Rule of Civil Procedure 26(b)(4). This statute permits parties to require disclosure of expert witnesses expected to testify, including the subject matter of their testimony and the underlying facts and opinions. Specifically, through interrogatories, a party can obtain the substance of the facts and opinions to which each expert is expected to testify and a summary of the grounds for each opinion (§ 3226(B)(3)(a)). However, Oklahoma imposes limits on the discovery of expert communications and draft reports, aligning with protections similar to federal standards (§ 3226(B)(3)(c)).

Timing and Procedure for Expert Discovery in Oklahoma

Expert discovery in Oklahoma typically occurs after initial disclosures and is often governed by court-issued scheduling orders. These orders set deadlines for the exchange of expert witness lists and expert witness reports, typically requiring the plaintiff’s expert reports to be submitted 90 days before trial and the defendant’s 60 days before (§ 3226(B)(3)(b)). The procedural steps include serving interrogatories and requesting production of expert reports, which must include comprehensive details such as the expert’s opinions, data considered, and compensation. Experts may be deposed once disclosures are made, ensuring thorough preparation for trial.

What Methods of Expert Discovery Are Permitted in Oklahoma?

In Oklahoma, methods of expert discovery include:

• Interrogatories: As per 12 Okla. Stat. § 3226(B)(3)(a), parties may use interrogatories to disclose expert witnesses and their anticipated testimony.
• Depositions: Permitted after expert disclosures, allowing parties to probe the details of an expert’s opinions and methodology.
• Document Requests: Parties can request expert reports and supporting documents, although certain protections apply to draft reports and communications.

Discovery typically focuses on testifying experts, while consulting experts' materials are generally protected unless exceptional circumstances justify disclosure.

Limits on Discovery of Expert Materials and Communications

Oklahoma places specific limits on the discovery of expert materials. Draft reports and most attorney-expert communications are protected under § 3226(B)(3)(c). Exceptions to this protection include communications regarding the expert’s compensation, facts provided by the attorney, or assumptions counsel asked the expert to make. This framework ensures that the focus remains on substantive expert testimony while maintaining essential confidentiality.

Consequences for Noncompliance or Discovery Violations

Failure to comply with expert discovery rules in Oklahoma can lead to significant consequences under 12 Okla. Stat. § 3237. Potential sanctions include:

• Exclusion of Expert Testimony: Non-disclosure of an expert or failure to provide required information can result in the exclusion of that expert’s testimony.
• Monetary Sanctions: Courts may impose fines or order payment of the opposing party’s expenses caused by the failure.
• Continuances: Delays in trial proceedings may be granted to remedy prejudicial discovery violations.

Relevant Rules and Legal Authority in Oklahoma

Key legal authorities governing expert discovery in Oklahoma include:

• [12 Okla. Stat. § 3226](https://law.justia.com/codes/oklahoma/title-12/section-12-3226/): Governs the disclosure of expert witness information, protection of drafts, and communications.
• 12 Okla. Stat. § 3237: Addresses sanctions for discovery violations.

These rules highlight Oklahoma’s alignment with federal practices while maintaining unique state-specific procedures that legal professionals must navigate with precision and adherence to court orders.