SB 747 — Sheriff auctions; online auctions; prohibiting charging of buyer's premium; requiring certain nonelectronic option for bidders; collection of payments; fees. Emergency.

747 Page 1 examinations;

requests for admission;

authorizations for release of records;

and otherwise by court order upon showing of good cause.

Except as provided in this section or unless the court orders otherwise under this section, the frequency of use of these methods is not limited.

2.

INITIAL DISCLOSURES.

Exceptcauses ina categorieswritten notice of proceedingssale specifiedexecuted inby subparagraphthe bsheriff ofdescribing thisthe paragraph,goods or chattels subject to thesale extentand otherwisestating stipulatedthe ordate, directedtime, byand order,place awhere party,the withoutsale awaitingshall aoccur discoveryand, request,if shallthe providesale is to otherutilize partiesan aonline computationauction ofmarketplace, anystating categorythe sale will be conducted through an online auction marketplace, the Internet address where bids may be entered, the date of damagesthe claimedsale, and the time when bidding is scheduled to be open, to be mailed, by first class first-class mail, postage prepaid, to the disclosingjudgment party,debtor, makingany availableholder forof inspectionrecord of an interest in the property, and copyingall other persons of whom the documentsparty causing the execution to be issued has notice who claim a lien or otherany evidentiaryinterest material,in notthe privilegedgoods or protectedchattels, fromat disclosure,least onten which(10) suchdays computationprior isto based,the includingdate materialsof bearingthe onsale, if the naturenames and extentactual addresses of injuriessuch suffered.persons are known, and b.

Subjectcauses topublic subsectionnotice B of this section, in any action in which physical or mental injury is claimed, the party making the claim shall provide to thebe othergiven partiesof a release or authorization allowing the partiesdate, totime obtain relevant medical records and bills,place and,of whensale, relevant,for aat releaseleast orten authorization(10) fordays employmentbefore andthe scholasticday records.of sale.

ENGR.The notice shall be executed by the sheriff and shall state the name of any person having an interest in the property whose actual address is unknown, and shall designate the person or persons whose unknown successors are being notified.

The notice shall be given by advertisement, published in some newspaper published in the county, or, in case no newspaper be is published therein, by setting up advertisements in five public places in the county.

Two advertisements shall be put up in the township where the sale is to be held, and c.

files in the case an affidavit of proof of mailing and of publication or posting.

2.

A written notice of sale executed prior to the effective date of this act November 1, 1987, by the party causing the execution to be issued but otherwise conforming to the provisions of this section shall, for all purposes, be deemed valid.

ENR.

747 Page 2 b.B.

The following categories of proceedings are exempt from initial disclosure under subparagraph a of this paragraph:

(1) an action for review of an administrative record, (2) a petition for habeas corpus or other proceeding to challenge a criminal conviction or sentence, (3) an action brought without counsel by a person in custody of the United States, a state, or a state subdivision, (4) an action to enforce or quash an administrative summons or subpoena, (5) an action by the United States to recover benefit payments, (6) an action by the United States to collect on a student loan guaranteed by the United States, (7) a proceeding ancillary to proceedings in other courts, and (8) an action to enforce an arbitration award.

c.

Disclosures required under this paragraph shall be made at or within sixty (60) days after service unless a different time is set by stipulation or court order, or unless a party objects that initial disclosures are not appropriate in the circumstances of the action and states the objection in a motion filed with the court.

ENGR.

S.

B.

NO.

747 Page 3 In ruling on the objection, the court shall determine what disclosures, if any, are to be made and set the time for disclosure.

A party shall make its initial disclosures based on the information then readily available to it and is not excused from making its disclosures because it has not fully completed its investigation of the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.

B.

DISCOVERY SCOPE AND LIMITS.

Unless otherwise limited by order of the court in accordance with the Oklahoma Discovery Code, the scope of discovery is as follows:

INIf GENERAL.a purchaser other than the party causing the execution to be issued, when required by the sheriff, fails to post cash or certified funds equal to ten percent (10%) of the amount bid for the property within twenty-four (24) hours of the sale, excluding Sundays and legal holidays, or otherwise fails to complete the sale, the sheriff may proceed with the sale and may accept the next highest bid.

a.

Parties may obtain discovery regarding any matter, not privileged, which is relevant to any party’s claim or defense, reasonably calculated to lead to the discovery of admissible evidence and proportional to the needs of the case, considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.

Information within this scope of ENGR.

S.

B.

NO.

747 Page 4 discovery need not be admissible in evidence to be discoverable.

b.

A party shall produce upon request pursuant to Section 3234 of this title, any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial.

For purposes of this section, an application for insurance shall not be treated as a part of an insurance agreement.

LIMITATIONSWhen ONgoods FREQUENCYand ANDchattels EXTENT.levied upon cannot be sold for want of bidders, the officer making such return shall affix a true and correct inventory of such goods and chattels to the execution, and the party causing such execution to be issued may thereupon sue out another writ of execution, directing the sale of the property levied upon as provided for in this section.

a.C.

ByThe order,sheriff the court may alterdetermine thewhether limits on the lengthsale ofprovided depositionsfor underin Section 3230 of this title,section onshall theutilize numberan ofonline interrogatoriesauction undermarketplace. Section 3233 of this title, on the number of requests to produce under Section 3234 of this title, or on the number of requests for admission under Section 3236 of this title.

b.All sales of goods and chattels may be conducted by public auction through the Internet or other electronic means pursuant to this section.

AFor partya ispublic notauction requiredheld by Internet or other electronic means, place may include the Internet website of an online auction marketplace selected by the sheriff to providehost discoveryand conduct the sheriff's sale of electronicallygoods storedand informationchattels froma sourcessheriff thatutilizing an online auction marketplace shall be conducted in accordance with the partyprovisions identifiesof asSection not4 reasonablyof accessiblethis ENGR.act.

D.

No sheriff nor other officer conducting the sale of such property, nor any appraiser or online auction marketplace, shall either directly or indirectly purchase the same;

and every purchase so made shall be considered fraudulent and void.

If the online auction marketplace is a corporation, limited liability company, limited liability partnership, or partnership, the foregoing restriction shall apply to any director, officer, employee, managing member, or partner of such appraiser or online auction marketplace.

E.

In the case of a sale by a sheriff conducted through an online auction marketplace, the online auction marketplace may collect deposits and payments by wire transfer, electronic funds transfer, or cashier's check from a registered bidder, settle the transaction, and then remit payment of the purchase price to the court clerk as directed by the sheriff.

ENR.

747 Page 53 becauseSECTION of2. undue burden or cost.

OnAMENDATORY motion12 toO.S. compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost.

If2021, thatSection showing764, is made,amended theto courtread mayas orderfollows: discovery from such sources if the requesting party shows good cause, considering the limitations of subparagraph c of this paragraph.

TheSection court764. may specify conditions for the discovery.

c.A.

OnLands motionand ortenements taken on itsexecution own,shall thenot courtbe shallsold limitunless the frequencyparty orcausing extentthe ofexecution discoveryto otherwisebe allowedissued: if it determines that:

(1) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive, (2) the party seeking discovery has had ample opportunity to obtain the information by discovery in the action, or (3) the proposed discovery is outside the scope permitted by subparagraph a of paragraph 1 of this subsection.

d.

If an officer, director or managing agent of a corporation or a government official is served with ENGR.

S.

B.

NO.

747 Page 6 notice of a deposition or subpoena regarding a matter about which he or she has no knowledge, he or she may submit at a reasonable time prior to the date of the deposition an affidavit to the noticing party so stating and identifying a person within the corporation or government entity who has knowledge of the subject matter involved in the pending action.

Notwithstanding such affidavit, the noticing party may proceed with the deposition, subject to the noticed witness’s right to seek a protective order.

3.

TRIAL PREPARATION:

MATERIALS.

a.

Unless as provided by paragraph 4 of this subsection, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative, including the other party’s attorney, consultant, surety, indemnitor, insurer or agent.

Subject to paragraph 4 of this subsection, such materials may be discovered if:

(1) they are otherwise discoverable under paragraph 1 of this subsection, and (2) the party shows that it has substantial need for the materials to prepare its case and cannot, ENGR.

S.

B.

NO.

747 Page 7 without undue hardship, obtain their substantial equivalent by other means.

b.

If the court orders discovery of such materials, the court shall protect against disclosure of the mental impressions, conclusions, opinions or legal theories of a party’s attorney or other representative concerning the litigation.

c.

A party or other person may, upon request and without the required showing, obtain the person’s own previous statement about the action or its subject matter.

If the request is refused, the person may move for a court order, and the provisions of paragraph 4 of subsection A of Section 3237 of this title apply to the award of expenses.

A previous statement is either:

(1) a written statement that the person has signed or otherwise adopted or approved, or (2) a contemporaneous stenographic, mechanical, electrical, or other recording, or a transcription thereof, which recites substantially verbatim the person’s oral statement.

4.

TRIAL PREPARATION:

EXPERTS.

ENGR.

S.

B.

NO.

747 Page 8 a.

Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of paragraph 1 of this subsection and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows:

(1) a party may, through interrogatories, require any other party to identify each person whom that other party expects to call as an expert witness at trial and give the address at which that expert witness may be located, (2) after disclosure of the names and addresses of the expert witnesses, the other party expects to call as witnesses, the party, who has requested disclosure, may depose any such expert witnesses subject to scope of this section.

Prior to taking the deposition the party must give notice as required in subsections A and C of Section 3230 of this title, and (3) in addition to taking the depositions of expert witnesses the party may, through interrogatories, require the party who expects to call the expert witnesses to state the subject matter on which each expert witness is expected to testify;

the substance of the facts and opinions to which the ENGR.

S.

B.

NO.

747 Page 9 expert is expected to testify and a summary of the grounds for each opinion;

the qualifications of each expert witness, including a list of all publications authored by the expert witness within the preceding ten (10) years;

the compensation to be paid to the expert witness for the testimony and preparation for the testimony;

and a listing of any other cases in which the expert witness has testified as an expert at trial or by deposition within the preceding four (4) years.

An interrogatory seeking the information specified above shall be treated as a single interrogatory for purposes of the limitation on the number of interrogatories in Section 3233 of this title.

b.

The protection provided by paragraph 3 of this subsection extends to communications between the party’s attorney and any expert witness retained or specially employed to provide expert testimony in the case or whose duties as the party’s employee regularly involve giving expert testimony, except to the extent that the communications:

(1) relate to compensation for the expert’s study or testimony, ENGR.

S.

B.

NO.

747 Page 10 (2) identify facts or data that the party’s attorney provided and that the expert considered in forming the opinions to be expressed, or (3) identify assumptions that the party’s attorney provided and that the expert relied upon in forming the opinions to be expressed.

c.

A party may not, by interrogatories or deposition, discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or to prepare for trial and who is not expected to be called as a witness at trial, except as provided in Section 3235 of this title or upon a showing of exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means.

d.

Unless manifest injustice would result:

(1) the court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under division (2) of subparagraph a of this paragraph and subparagraph c of this paragraph, and (2) the court shall require that the party seeking discovery with respect to discovery obtained ENGR.

S.

B.

NO.

747 Page 11 under subparagraph c of this paragraph, pay the other party a fair portion of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert.

5.

CLAIMS OF PRIVILEGE OR PROTECTION OF TRIAL PREPARATION MATERIALS.

a.

When a party withholds information otherwise discoverable under the Oklahoma Discovery Code by claiming that it is privileged or subject to protection as trial preparation material, the party shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection.

b.

If information produced in discovery is subject to a claim of privilege or of protection as trial preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it.

After being notified, a party shall promptly return, sequester, or destroy the specified information and any copies the party has;

shall not use or disclose the information until the ENGR.

S.

B.

NO.

747 Page 12 claim is resolved;

shall take reasonable steps to retrieve the information if the party has disclosed it before being notified;

and may promptly present the information to the court under seal for a determination of the claim.

The producing party shall preserve the information until the claim is resolved.

This mechanism is procedural only and does not alter the standards governing whether the information is privileged or subject to protection as trial preparation material or whether such privilege or protection has been waived.

C.

PROTECTIVE ORDERS.

UponCauses motiona bywritten anotice partyof orsale executed by the personsheriff fromcontaining whomthe discoverylegal isdescription sought,of accompaniedthe byproperty ato certificationbe thatsold and stating the movantdate, hastime, inand goodplace faithwhere conferredthe orproperty attemptedwill be sold and, if the sale is to confer,utilize eitheran inonline personsale ormarketplace, bystating telephone,the withsale otherwill affectedbe partiesconducted inthrough an effortonline toauction resolvemarketplace, the disputeInternet withoutaddress courtwhere action,bids andmay forbe goodentered, causethe shown,date of the courtsale, inand which the actiontime iswhen pendingbidding oris onscheduled mattersto relatingbe open, to abe deposition,mailed, by first class first-class mail, postage prepaid, to the districtjudgment courtdebtor, any holder of interest of record in the countyproperty whereto thebe depositionsold whose interest is sought to be takenextinguished, mayand enterall anyother orderpersons whichof justicewhom requiresthe party causing the execution to protectbe issued has notice who claim a partylien or personany frominterest annoyance,in harassment,the embarrassment,property oppressionwhose orinterest undueis delay,sought burdento orbe expense,extinguished, includingat oneleast orten more(10) days prior to the date of the following:sale, if the names and addresses of such persons are known;

a.and 2.

thatCauses public notice of the discoverydate, nottime and place of sale to be had,given ENGR.by publication for two (2) successive weeks in a newspaper published in the county in which the property to be sold is situated, or in case no newspaper be is published in such county, then in a newspaper of general circulation therein and by putting up an advertisement upon the courthouse door and in five other public places in such county, two of which shall be in the township where such lands and tenements lie;

provided, that in counties now having a population of one hundred ten thousand (110,000) or more according to the last Federal Decennial Census, the advertisement shall be published in some newspaper published in the city or township where said such lands and tenements lie, or if there be is no newspaper in such city or township, then in some newspaper published in the county.

Notice shall be executed by the sheriff and state the name of any person having an interest in the property to be sold whose interest is sought to be extinguished and whose actual address is unknown, and shall designate the person or persons whose unknown successors are being notified;

and ENR.

747 Page 134 b.3.

thatFiles in the discoverycase mayan beaffidavit hadof onlyproof onof specifiedmailing terms and conditions, including a designation of thepublication time, place or theposting. allocation of expenses, c.

that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery, d.

that certain matters not be inquired into, or that the scope of the disclosure or discovery be limited to certain matters, e.

that discovery be conducted with no one present except persons designated by the court, f.

that a deposition after being sealed be opened only by order of the court, g.

that a trade secret or other confidential research, development or commercial information not be disclosed or be disclosed only in a designated way, and h.

that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.

2.

If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery.

The provisions of paragraph 4 of subsection A of Section 3237 of this title apply to the award of expenses incurred in relation to the ENGR.

S.

NO.A written notice of sale executed prior to the effective date of this act November 1, 1987, by the party causing the execution to be issued but otherwise conforming to the provisions of this section shall, for all purposes, be deemed valid.

747C. Page 14 motion.

AnySuch protectivesale ordershall ofnot thebe courtheld whichless hasthan thirty (30) days after the effectdate of removingfirst anypublication materialof obtainedthe bynotice discoveryrequired fromin theparagraph public2 recordof shallsubsection containA theof following:this section.

a.If a purchaser other than the party causing the execution to be issued, when required by the sheriff, fails to post cash or certified funds equal to ten percent (10%) of the amount bid for the property within twenty-four (24) hours of the sale, excluding Sundays and legal holidays, or otherwise fails to complete the sale, the sheriff may accept the next highest bid.

aExcept statementas thatotherwise theprovided courtfor hasin determinedsubsection itB isof necessarythis insection, sales for which the interestsprovisions of justicesubsection toA removeof this section have not been complied with shall be set aside on motion by the materialcourt fromto which the publicexecution record,is b.returnable.

specific identification of the material which is to be removed or withdrawn from the public record, or which is to be filed but not placed in the public record, and c.

a requirement that any party obtaining a protective order place the protected material in a sealed manila envelope clearly marked with the caption and case number and is clearly marked with the word “CONFIDENTIAL”, and stating the date the order was entered and the name of the judge entering the order.

This requirement may also be satisfied by requiring the party to file the documents pursuant to the procedure for electronically filing sealed or confidential documents approved for electronic filing in the courts of this state.

3.

No protective order entered after the filing and microfilming of documents of any kind shall be construed to require the microfilm record of such filing to be amended in any fashion.

ENGR.

S.

B.

NO.

747 Page 15 4.

The party or counsel which has received the protective order shall be responsible for promptly presenting the order to appropriate court clerk personnel for appropriate action.

5.

All documents produced or testimony given under a protective order shall be retained in the office of counsel until required by the court to be filed in the case.

6.

Counsel for the respective parties shall be responsible for informing witnesses, as necessary, of the contents of the protective order.

7.

When a case is filed in which a party intends to seek a protective order removing material from the public record, the plaintiff(s) and defendant(s) shall be initially designated on the petition under pseudonym such as “John or Jane Doe”, or “Roe”, and the petition shall clearly indicate that the party designations are fictitious.

The party seeking confidentiality or other order removing the case, in whole or in part, from the public record, shall immediately present application to the court, seeking instructions for the conduct of the case, including confidentiality of the records.

SEQUENCEThe ANDsheriff TIMINGmay OFdetermine DISCOVERY.whether the sale provided for in this section shall utilize an online auction marketplace.

UnlessAll thesales partiesof stipulatelands orand thetenements courtconducted ordersby otherwisea forsheriff theutilizing conveniencean ofonline partiesauction andmarketplace witnessesshall andbe conducted in accordance with the interestsprovisions of justice,Section methods4 of discoverythis mayact. be used in any sequence.

TheSECTION fact3. that a party is ENGR.

S.AMENDATORY 12 O.S.

B.2021, Section 765, as amended by Section 2, Chapter 326, O.S.L.

NO.2022 (12 O.S.

747Supp. Page 16 conducting discovery, whether by deposition or otherwise, shall not operate to delay discovery by any other party.

E.2024, Section 765), is amended to read as follows:

SUPPLEMENTATIONSection OF765. RESPONSES.

AA. party who has responded to a request for discovery with a response that was complete when it was made is under no duty to supplement the response to include information thereafter acquired, except as follows:

Upon the return of any writ of execution for the satisfaction of which any lands or tenements have been sold, the party causing the execution to be issued shall:

ACause partya iswritten undernotice aof dutyhearing seasonablyon the confirmation of the sale to supplementbe mailed, by first class first-class mail, postage prepaid, to all persons to whom mailing of the responsenotice withof respectthe execution of sale was required to be made pursuant to Section 764 of this title and to the high bidder at such sale, at least ten (10) days before the hearing on the confirmation of the sale, and if the name or address of any questionsuch directlyperson addressedis to:unknown, shall cause a notice of the ENR.

a.

the identity and location of persons having knowledge of discoverable matters, and b.

the identity of each person expected to be called as an expert witness at trial, the subject matter on which the person is expected to testify, and the substance of the testimony of the person;

2.

A party is under a duty seasonably to amend a prior response to an interrogatory, request for production, or request for admission if the party obtains information upon the basis of which:

a.

(1) the party knows that the response was incorrect in some material respect when made, or (2) the party knows that the response, which was correct when made, is no longer true in some material respect, and ENGR.

747 Page 175 b.hearing on the confirmation of the sale to be published in a newspaper authorized by law to publish legal notices in the county in which the property is situated.

theIf additionalno ornewspaper correctiveauthorized informationby haslaw notto otherwisepublish beenlegal madenotices knownis topublished in such county, the othernotice partiesshall duringbe thepublished discoveryin processsome orsuch newspaper of general circulation which is published in writing;an adjoining county.

The notice shall state the name of any person being so notified and 3.shall be published once at least ten (10) days prior to the date of the hearing on the confirmation of the sale;

Aand duty2. to supplement responses may be imposed by order of the court, agreement of the parties, or at any time prior to trial through new requests for supplementation of prior responses.

F.Files in the case an affidavit of proof of mailing, and if required, of publication.

DISCOVERY CONFERENCE.

At any time after commencement of an action, the court may direct the attorneys for the parties to appear for a conference on the subject of discovery.

The court shall do so upon motion by the attorney for any party if the motion includes:

1.

A statement of the issues as they then appear;

2.

A proposed plan and schedule of discovery;

3.

Any limitations proposed to be placed on discovery;

4.

Any other proposed orders with respect to discovery;

and 5.

A statement showing that the attorney making the motion has made a reasonable effort to reach agreement with opposing attorneys on the matters set forth in the motion.

Each party and his attorney are under a duty to participate in good faith in the framing of a discovery plan if a plan is proposed by the attorney for any party.

Notice of the motion shall be served on all parties.

Objections or additions to matters set forth in the motion shall be served not later than ten (10) days after service of the motion.

ENGR.

S.

NO.Any person filing a written objection to the confirmation of the sale shall cause a copy of such written objection to be mailed, prior to the hearing on the confirmation of the sale, by first class first-class mail, postage prepaid, to all persons to whom mailing of the notice of the hearing on the confirmation of the sale was required to be made pursuant to this section.

747The Pagecourt 18may Followingcontinue the discoveryhearing conference,or themake courtsuch shallother enterorders anas orderare tentativelynecessary identifyingto allow the issuesinterested forpersons discoveryto purposes,adequately establishingsupport aor planoppose andany schedulesuch forobjections discovery,to settingthe limitationsconfirmation onof discovery,the ifsale. any;

andIf determiningthe suchcourt, otherafter matters,having includingcarefully examined the allocationproceedings of expenses,the asofficer, areis necessarysatisfied forthat the propersale managementhas, ofin discoveryall respects, been made in conformity with the action.provisions of this article section, the court shall direct the clerk to make an entry on the journal that the court is satisfied of the legality of such sale and shall order that the officer make to the purchaser a deed for such lands and tenements;

Inand preparingthe officer, on making such sale, shall deposit the planpurchase formoney discoverywith the clerk of the court from which said the writ of execution issued, where same shall protectremain until the partiescourt fromshall excessivehave examined his or abusiveher useproceedings as aforesaid, when said the clerk of discovery.the court shall pay the same to the person entitled thereto, agreeable to the order of the court.

AnIn orderthe shallcase beof altereda orsale amendedby whenevera justicesheriff soconducted requires.through an online auction marketplace, the online auction marketplace may collect and hold deposits and additional purchase money payments up to the full amount of the winning bid, settle the transaction, and then remit payment of the purchase money to the court clerk as directed by the sheriff or the court.

SubjectAny toNo thebuyer's rightpremium ofshall abe partycharged whoto properlya movesbuyer for aonline discoveryauction conferencemarketplace toservices promptrendered conveningto of the conference,buyer theshall courtnot mayENR. combine the discovery conference with a pretrial conference.

G.

SIGNING OF DISCOVERY REQUESTS, RESPONSES AND OBJECTIONS.

Every request for discovery, response or objection thereto made by a party represented by an attorney shall be signed by at least one of the party’s attorneys of record in the party’s individual name whose address shall be stated.

A party who is not represented by an attorney shall sign the request, response or objection and state the party’s address.

The signature of the attorney or party constitutes a certification that the party has read the request, response or objection, and that it is:

1.

To the best of the party’s knowledge, information and belief formed after a reasonable inquiry consistent with the Oklahoma ENGR.

747 Page 196 Discoverybe Codeconsidered andpurchase warrantedprice byprovided existingthat lawthe orbuyer's apremium goodis faithdisclosed argumentin foradvance in the extension,listing modificationon orany reversalsale. of existing law;

2.SECTION 4.

InterposedNEW inLAW goodA faithnew andsection notof primarilylaw to causebe delaycodified orin forthe anyOklahoma otherStatutes improperas purpose;Section 776 of Title 12, unless there is created a duplication in numbering, reads as follows:

and 3.

Not unreasonable or unduly burdensome or expensive, given the nature and complexity of the case, the discovery already had in the case, the amount in controversy, and other values at stake in the litigation.

If a request, response or objection is not signed, it shall be deemed ineffective.

If a certification is made in violation of the provisions of this subsection, the court, upon motion or upon its own initiative, shall impose upon the person who made the certification, the party on whose behalf the request, response or objection is made, or both, an appropriate sanction, which may include an order to pay to the amount of the reasonable expenses occasioned thereby, including a reasonable attorney fee.

SECTION 2.

AMENDATORY 12 O.S.

2021, Section 3226.1, is amended to read as follows:

Section 3226.1.

ABUSIVEIn DISCOVERY.accordance with the provisions of Section 751 et seq.

In addition to the protective orders that a court may issue pursuant to paragraph 1 of subsection C of Section 3226 of Title 12 of the Oklahoma Statutes, asheriffs protective order may beconduct issuedthe bysale theof courtgoods, authorizingchattels, or denyinglands discoveryand intenements theutilizing courtan inonline whichauction themarketplace. action is pending.

A protective ENGR.

S.

NO.No sheriff or other officer conducting the sale of property or any appraiser or online auction marketplace, including any affiliation with a corporation, limited liability company, limited liability partnership, partnership, or other business entity, shall either directly or indirectly purchase the property;

747any Pagesuch 20purchase ordershall may also be authorizedconsidered onfraudulent mattersand relatingvoid. to a deposition.

The orderprohibition mayof bethis issuedsubsection uponshall aalso motionapply byto athose partyrelated orby theaffinity personor fromconsanguinity whomwithin discoverythe isthird sought.degree.

TheIf motionthe shallappraiser beor accompaniedonline byauction amarketplace certificationis thata thecorporation, movantlimited hasliability incompany, goodlimited faithliability conferredpartnership, partnership, or attemptedother tobusiness confer,entity, eithersuch inprohibition personshall orapply byto telephone,any withdirector, otherofficer, affectedemployee, partiesmanaging inmember, anor effortpartner toof resolvesuch theappraiser disputeor withoutonline courtauction action.marketplace.

UponC. receipt by the court of the motion and certification, the court may enter the protective order authorizing or denying the discovery upon a finding that justice requires a party or person be protected from annoyance, harassment, embarrassment, oppression or undue delay, burden, or expense.

B.If an online auction marketplace is used pursuant to this section, the online auction marketplace shall provide a nonelectronic option for bidders.

DEPOSITIOND. OF HIGH-RANKING OFFICER.

GoodThe causeonline forauction amarketplace protectivemay orderrequire existsbidders underto subsectionagree A of this section to preventreasonable theterms deposition of anservice officer of an organization if the party or theuse. person seeking the protective order demonstrates that the person sought to be deposed:

1.Any such terms of service or use shall provide that the terms of service or use are subject to the laws and jurisdiction of this state.

IsE. a current or former high-ranking officer of a government entity or any other public or private organization that is large and complex;

2.The online auction marketplace may collect deposits and payments by wire transfer, electronic funds transfer, or cashier’s check from a registered bidder;

Hasand uniqueremit andpayment extensiveof schedulingthe demandspurchase orprice responsibilities;to the court clerk as directed by the sheriff but in no case more than five (5) business days following the completion of the sale.

andENR. 3.

Lacks unique personal knowledge of the issues being litigated.

ENGR.

747 Page 217 TheF. party or person seeking the protective order shall file a motion, accompanied by an affidavit or declaration of the officer, establishing such requirements and identifying a person within the organization who has knowledge of the subject matter involved in the pending action.

IfIn theaccordance partywith or person meets the burden,provisions theof courtSection shall765 issueof anTitle order12 preventingof the depositionOklahoma unlessStatutes, theno partybuyer’s seekingpremium theshall depositionbe demonstratescharged thatto ita hasbuyer exhaustedon otherany reasonablesale meansconducted ofby discovery,a thatsheriff, suchor discoveryother isofficer, inadequate,utilizing andan thatonline theauction officermarketplace. has unique and personal knowledge of discoverable information.

ToThe thefee extentcharged thatand theall partycosts orincurred by the persononline seekingauction amarketplace protectiveshall orderbe showsassessed thatas ancosts officernot lacks unique personal knowledge of some, but fewer than all, matters relevant to theexceed subjectFour matterHundred involvedTwenty-five inDollars the($425.00) pendingper action,confirmed thesale. court may limit the scope of the deposition accordingly rather than prohibiting altogether the deposition of the officer.

TheSECTION court5. may vacate or modify the order if, after additional discovery, the party seeking the deposition can meet its burden under this section.

C.It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

AWARDENR. OF EXPENSES OF MOTION.

If the motion is granted, the court may, after opportunity for hearing, require the party or person whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, ENGR.

747 Page 228 includingPassed attorney fees, unless the courtSenate finds that the opposition20th today the motion was substantially justified or that other circumstances make an award of expensesMay, unjust.2025.

IfPresiding theOfficer motionof is denied, the courtSenate may,Passed after opportunity for hearing, require the movingHouse party or the attorney advising the motion or both of themRepresentatives to pay to the party28th orday deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney fees, unless the court finds that the making of theApril, motion2025. was substantially justified or that other circumstances make an award of expenses unjust.

IfPresiding Officer of the motionHouse isof grantedRepresentatives inOFFICE partOF andTHE deniedGOVERNOR inReceived part,by the courtOffice mayof apportion the reasonableGovernor expensesthis incurred____________________ inday relationof to___________________, the20_______, motionat among_______ theo'clock parties_______ andM. persons in a just manner.

SECTIONBy: 3.

This_________________________________ actApproved shallby becomethe effectiveGovernor Novemberof 1,the 2025.State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

Passed_________________________________ Governor of the SenateState of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the 27thOffice of the Secretary of State this __________ day of March,__________________, 2025.20 _______, at _______ o'clock _______ M.

PresidingBy: Officer of the Senate Passed the House of Representatives the ____ day of __________, 2025.

Presiding_________________________________ OfficerENR. of the House of Representatives ENGR.

747 Page 239