{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-3225.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-3225.1","heading":"Discovery master","body":"\n\nA. Appointment.\n\n1. Scope. Unless a statute provides otherwise, on motion by a\n\nparty or on its own motion, upon hearing unless waived, a court may\n\nin its discretion appoint a discovery master to:\n\na. perform duties related to discovery, consented to by\n\nthe parties, or\n\nb. address pretrial and posttrial discovery matters to\n\nfacilitate effective and timely resolution.\n\n2. Required Findings. An order appointing a discovery master\n\nunder subparagraph b of paragraph 1 of subsection A of this section\n\nshall contain the following findings by the court:\n\na. the appointment and referral are necessary in the\n\nadministration of justice due to the nature,\n\ncomplexity or volume of the materials involved, or for\n\nother exceptional circumstances,\n\nb. the likely benefit of the appointment of a discovery\n\nmaster outweighs its burden or expense, considering\n\nthe needs of the case, the amount in controversy, the\n\nparties' resources, the importance of the issues at\n\nstake in the action, the importance of the referred\n\nissues in resolving the matter or proceeding in which\n\nthe appointment is made, and\n\nc. the appointment will not improperly burden the rights\n\nof the parties to access the courts.\n\n3. Possible Expense or Delay. In appointing a discovery\n\nmaster, the court shall consider the fairness of imposing the likely\n\nexpenses on the parties and shall protect against unreasonable\n\nexpense or delay.\n\nB. Disqualification.\n\n1. In General. A discovery master shall not have a\n\nrelationship to the parties, attorneys, action, or court that would\n\nrequire disqualification of a judge, unless the parties, with the\n\ncourt's approval, consent to the appointment after the discovery\n\nmaster discloses any potential grounds for disqualification.\n\n2. Disclosure. The discovery master shall disclose any\n\npossible conflicts within fourteen (14) days of appointment.\n\n3. Motions to Disqualify. A motion to disqualify a discovery\n\nmaster shall be made within fourteen (14) days of the discovery\n\nmaster's disclosure of the conflict. The discovery master shall\n\nrule originally on any motion to disqualify.\n\n4. Review by Assigned Judge. Any interested party who deems\n\nhimself or herself aggrieved by the refusal of a discovery master to\n\ngrant a motion to disqualify may present his or her motion to the\n\njudge assigned to the case by filing in the case within five (5)\n\ndays from the date of the refusal a written request for rehearing.\n\nA copy of the request shall be mailed or delivered to the judge\n\nassigned to the case, to the adverse party and to the discovery\n\nmaster.\n\n5. Review by Presiding Judge. Any interested party who deems\n\nhimself or herself aggrieved by the refusal of the judge assigned to\n\nthe case to grant a motion to disqualify the discovery master may\n\npresent his or her motion to the presiding judge of the county in\n\nwhich the case is pending. A copy of the request shall be mailed or\n\ndelivered to the presiding judge, to the adverse party, to the judge\n\nassigned to the case, and to the discovery master.\n\n6. Review by Supreme Court. If the hearing before the\n\npresiding judge results in an order adverse to the movant, the\n\nmovant shall be granted not more than five (5) days to institute a\n\nproceeding in the Supreme Court for a writ of mandamus. The Supreme\n\nCourt shall not entertain an original proceeding to disqualify a\n\ndiscovery master unless it is shown that the relief sought was\n\npreviously denied by the discovery master, the judge assigned to the\n\ncase, and the presiding judge, in accordance with this section. An\n\norder favorable to the moving party may not be reviewed by appeal or\n\nother method.\n\nC. Order Appointing a Discovery Master.\n\n1. Notice. Before appointing a discovery master, the court\n\nshall give the parties notice and an opportunity to be heard unless\n\nwaived. Any party may suggest candidates for appointment.\nge assigned to the\n\ncase, and the presiding judge, in accordance with this section. An\n\norder favorable to the moving party may not be reviewed by appeal or\n\nother method.\n\nC. Order Appointing a Discovery Master.\n\n1. Notice. Before appointing a discovery master, the court\n\nshall give the parties notice and an opportunity to be heard unless\n\nwaived. Any party may suggest candidates for appointment.\n\n2. Contents. The appointing order shall direct the discovery\n\nmaster to proceed with all reasonable diligence and shall state:\n\na. the discovery master's duties, including any\n\ninvestigation or enforcement duties, and any limits on\n\nthe discovery master's authority under subparagraph c\n\nof this paragraph,\n\nb. the circumstances, if any, in which the discovery\n\nmaster may communicate ex parte with a party,\n\nc. any limitations on the discovery master's\n\ncommunications with the court,\n\nd. the nature of the materials to be preserved and filed\n\nas the record of the discovery master's activities,\n\ne. the time limits, method of filing the record, other\n\nprocedures, and standards for reviewing the discovery\n\nmaster's orders, findings, and recommendations, and\n\nf. the basis, terms, and procedure for fixing the\n\ndiscovery master's compensation under subsection G of\n\nthis section.\n\nThe court shall have the discretion to direct the discovery\n\nmaster to circulate a proposed appointing order to the parties and\n\nprovide a time period for the parties to comment prior to the\n\norder's entry.\n\n3. Amending. The order may be amended at any time after notice\n\nto the parties and an opportunity to be heard.\n\n4. Oath. Before the appointing order shall take effect, the\n\ndiscovery master shall execute and file an oath that he or she will\n\nfaithfully execute the duties imposed by the order of appointment\n\nand any amendments thereto.\n\nD. Discovery Master's Authority.\n\n1. In General. Unless the appointing order directs otherwise,\n\na discovery master may:\n\na. regulate all proceedings and respond to all discovery\n\nmotions of the parties within the scope of\n\nappointment, including resolving all discovery\n\ndisputes between the parties,\n\nb. call discovery conferences under Rule 5 of the Rules\n\nfor District Courts, at the request of a party or on\n\nthe discovery master's own motion,\n\nc. set procedures for the timing and orderly presentation\n\nof discovery disputes for resolution,\n\nd. take all appropriate measures to perform the assigned\n\nduties fairly and efficiently, and\n\ne. if conducting an evidentiary hearing, exercise the\n\nappointing court's power to take and record evidence,\n\nincluding compelling appearance of witnesses or\n\nproduction of documents in connection with these\n\nduties.\n\n2. Sanctions. The discovery master may recommend any sanction\n\nprovided by Sections 2004.1, 3226.1 or 3237 of Title 12 of the\n\nOklahoma Statutes.\n\nE. Discovery Master's Orders, Reports, and Recommendations. A\n\ndiscovery master who issues an order, report or recommendation shall\n\nfile it and promptly serve a copy on each party. The clerk shall\n\nenter the order, report or recommendation on the docket.\n\nF. Action on the Discovery Master's Order, Report or\n\nRecommendations.\n\n1. Time to Object or Move to Adopt or Modify. A party may file\n\nobjections to or a motion to adopt or modify the discovery master's\n\norder, report or recommendations no later than fourteen (14) days\n\nafter a copy is filed, unless this section or the court sets a\n\ndifferent time. If no objection or motion to adopt or modify is\n\nfiled, the district court may approve the discovery master's order,\n\nreport or recommendations without further notice or hearing.\n\n2. Action Generally. Upon the filing of objections to or a\n\nmotion to adopt or modify the discovery master's order, report or\n\nrecommendations within the time permitted, any party may respond\n\nwithin fifteen (15) days after the objections or motions are filed.\ndify is\n\nfiled, the district court may approve the discovery master's order,\n\nreport or recommendations without further notice or hearing.\n\n2. Action Generally. Upon the filing of objections to or a\n\nmotion to adopt or modify the discovery master's order, report or\n\nrecommendations within the time permitted, any party may respond\n\nwithin fifteen (15) days after the objections or motions are filed.\n\nIf objections and motions are decided by the court without a\n\nhearing, the court shall notify the parties of its ruling by mail.\n\nIn acting on a discovery master's order, report or recommendations,\n\nthe court may receive evidence and may adopt or affirm, modify,\n\nwholly or partly reject or reverse, or resubmit to the discovery\n\nmaster with instructions.\n\n3. Reviewing Factual Findings. The court shall decide de novo\n\nall objections to findings of fact made or recommended by a\n\ndiscovery master, unless the parties, with the court's approval,\n\nstipulate that:\n\na. the findings will be reviewed for clear error, or\n\nb. the findings of a discovery master appointed under\n\nparagraph 1 of subsection A of this section will be\n\nfinal.\n\n4. Reviewing Legal Conclusions. The court shall decide de novo\n\nall objections to conclusions of law made or recommended by a\n\ndiscovery master.\n\n5. Reviewing Procedural Matters. Unless the appointing order\n\nestablishes a different standard of review, the court may set aside\n\na discovery master's ruling on a procedural matter only for an abuse\n\nof discretion.\n\nG. Compensation.\n\n1. Fixing Compensation. Before or after judgment, the court\n\nshall fix the discovery master's compensation on the basis and terms\n\nstated in the appointing order, but the court may set a new basis\n\nand terms after giving notice and an opportunity to be heard.\n\n2. Payment. The compensation shall be paid either:\n\na. by a party or parties, or\n\nb. from a fund that is the subject of the specific action\n\nor proceeding, or other subject matter of the specific\n\naction or proceeding, to the extent such fund or\n\nsubject matter is within the court's control and\n\nwithin the court's in rem jurisdiction. The\n\ncompensation shall not be paid from the court fund.\n\n3. Allocating Payment. The court shall allocate payment after\n\nconsidering the nature and amount of the controversy, the parties'\n\nmeans, and the extent to which any party is more responsible than\n\nother parties for the reference to a discovery master. An interim\n\nallocation may be amended to reflect a decision on the merits.\n\nH. Other Statutes. A referee or master appointed under the\n\nauthority of another statute or provision is subject to this section\n\nonly when the order referring a matter to the referee or master\n\nstates that the reference is made under this section. Nothing in\n\nthis section shall be construed to replace or supersede any other\n\nstatute or provision authorizing the appointment of a referee or\n\nmaster.\n\nI. A discovery master appointed pursuant to this section acting\n\nin such capacity shall be immune from civil liability to the same\n\nextent as a judge of a court of this state acting in a judicial\n\ncapacity.","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":"8e8d8786722943aa18e75fe93b676d47156a55a08250daed7abb2440e3c70557","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-3225","next":"us-ok/okla.-stat.-tit.-12-12-3226"},"notice":"GroundRules: Original legal text. Not legal advice."}