{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-19.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-19.1","heading":"Affidavit of consultation with qualified expert -","body":"Extension - Exemption.\n\nA. 1. In any civil action for negligence wherein the plaintiff\n\nshall be required to present the testimony of an expert witness to\n\nestablish breach of the relevant standard of care and that such\n\nbreach of duty resulted in harm to the plaintiff, except as provided\n\nin subsection B of this section, the plaintiff shall attach to the\n\npetition an affidavit attesting that:\n\na. the plaintiff has consulted and reviewed the facts of\n\nthe claim with a qualified expert,\n\nb. the plaintiff has obtained a written opinion from a\n\nqualified expert that clearly identifies the plaintiff\n\nand includes the determination of the expert that,\n\nbased upon a review of the available material\n\nincluding, but not limited to, applicable records,\n\nfacts or other relevant material, a reasonable\n\ninterpretation of the facts supports a finding that\n\nthe acts or omissions of the defendant against whom\n\nthe action is brought constituted negligence, and\n\nc. on the basis of the review and consultation of the\n\nqualified expert, the plaintiff has concluded that the\n\nclaim is meritorious and based on good cause.\n\n2. If the civil action for negligence is filed:\n\na. without an affidavit being attached to the petition,\n\nas required in paragraph 1 of this subsection, and\n\nb. no extension of time is subsequently granted by the\n\ncourt, pursuant to subsection B of this section,\n\nthe court shall, upon motion of the defendant, dismiss the action\n\nwithout prejudice to its refiling.\n\n3. The written opinion from the qualified expert shall state\n\nthe acts or omissions of the defendant or defendants that the expert\n\nthen believes constituted negligence and shall include reasons\n\nexplaining why the acts or omissions constituted negligence. The\n\nwritten opinion from the qualified expert shall not be admissible at\n\ntrial for any purpose nor shall any inquiry be permitted with regard\n\nto the written opinion for any purpose either in discovery or at\n\ntrial.\n\nB. 1. The court may, upon application of the plaintiff for\n\ngood cause shown, grant the plaintiff an extension of time, not\n\nexceeding ninety (90) days after the date the petition is filed,\n\nexcept for good cause shown, to file in the action an affidavit\n\nattesting that the plaintiff has obtained a written opinion from a\n\nqualified expert as described in paragraph 1 of subsection A of this\n\nsection.\n\n2. If on the expiration of an extension period described in\n\nparagraph 1 of this subsection, the plaintiff has failed to file in\n\nthe action an affidavit as described above, the court shall, upon\n\nmotion of the defendant, unless good cause is shown for such\n\nfailure, dismiss the action without prejudice to its refiling. If\n\ngood cause is shown, the resulting extension shall in no event\n\nexceed sixty (60) days.\n\nC. 1. Upon written request of any defendant in a civil action\n\nfor negligence, the plaintiff shall, within ten (10) business days\n\nafter receipt of such request, provide the defendant with:\n\na. a copy of the written opinion of a qualified expert\n\nmentioned in an affidavit filed pursuant to subsection\n\nA or B of this section, and\n\nb. an authorization from the plaintiff in a form that\n\ncomplies with applicable state and federal laws,\n\nincluding the Health Insurance Portability and\n\nAccountability Act of 1996, for the release of any and\n\nall relevant records related to the plaintiff for a\n\nperiod commencing five (5) years prior to the incident\n\nthat is at issue in the civil action for negligence.\n\n2. If the plaintiff fails to comply with paragraph 1 of this\n\nsubsection, the court shall, upon motion of the defendant, unless\n\ngood cause is shown for such failure, dismiss the action without\n\nprejudice to its refiling.\n\nD. A plaintiff in a civil action for negligence may claim an\n\nexemption to the provisions of this section based on indigency\n\nIf the plaintiff fails to comply with paragraph 1 of this\n\nsubsection, the court shall, upon motion of the defendant, unless\n\ngood cause is shown for such failure, dismiss the action without\n\nprejudice to its refiling.\n\nD. A plaintiff in a civil action for negligence may claim an\n\nexemption to the provisions of this section based on indigency\n\npursuant to the qualification rules established as set forth in\n\nSection 4 of this act.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"74d76ff9f77afd829dd198d7010ce205ba42a023d92019507b7248cd1a671b88","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1881","next":"us-ok/okla.-stat.-tit.-12-12-192.1"},"notice":"GroundRules: Original legal text. Not legal advice."}