{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-5053.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-5053.3","heading":"Actions brought by individuals - Participation by state","body":"- Procedure.\n\nA. If the state proceeds with the action pursuant to Section\n\n5053.2 of this title, it shall have the primary responsibility for\n\nprosecuting the action, and shall not be bound by an act of the\n\nperson bringing the action. Such person shall have the right to\n\ncontinue as a party to the action, subject to the limitations set\n\nforth in this subsection.\n\n1. The state may dismiss the action notwithstanding the\n\nobjections of the person initiating the action if the person has\n\nbeen notified by the state of the filing of the motion and the court\n\nhas provided the person with an opportunity for a hearing on the\n\nmotion.\n\n2. The state may settle the action with the defendant\n\nnotwithstanding the objections of the person initiating the action\n\nif the court determines, after a hearing, that the proposed\n\nsettlement is fair, adequate, and reasonable under all the\n\ncircumstances. Upon a showing of good cause, the hearing may be\n\nheld in camera.\n\n3. Upon a showing by the state that unrestricted participation\n\nduring the course of the litigation by the person initiating the\n\naction would interfere with or unduly delay the state's prosecution\n\nof the case, or would be repetitious, irrelevant, or for purposes of\n\nharassment, the court may, in its discretion, impose limitations on\n\nthe participation of the person, such as:\n\na. limiting the number of witnesses the person may call,\n\nb. limiting the length of the testimony of the witnesses,\n\nc. limiting the person's cross-examination of witnesses,\n\nor\n\nd. otherwise limiting the participation by the person in\n\nthe litigation.\n\n4. Upon a showing by the defendant that unrestricted\n\nparticipation during the course of the litigation by the person\n\ninitiating the action would be for purposes of harassment or would\n\ncause the defendant undue burden or unnecessary expense, the court\n\nmay limit the participation by the person in the litigation.\n\nB. If the state elects not to proceed with the action, the\n\nperson who initiated the action shall have the right to conduct the\n\naction. If the state so requests, it shall be served with copies of\n\nall pleadings filed in the action and shall be supplied with copies\n\nof all deposition transcripts at the expense of the state. When a\n\nperson proceeds with the action, the court, without limiting the\n\nstatus and rights of the person initiating the action, may\n\nnevertheless permit the state to intervene at a later date upon a\n\nshowing of good cause.\n\nC. Whether or not the state proceeds with the action, upon a\n\nshowing by the state that certain actions of discovery by the person\n\ninitiating the action would interfere with the state's investigation\n\nor prosecution of a criminal or civil matter arising out of the same\n\nfacts, the court may stay the discovery for a period of not more\n\nthan sixty (60) days. Such a showing shall be conducted in camera.\n\nThe court may extend the sixty-day period upon a further showing in\n\ncamera that the state has pursued the criminal or civil\n\ninvestigation or proceedings with reasonable diligence and any\n\nproposed discovery in the civil action will interfere with the\n\nongoing criminal or civil investigation or proceedings.\n\nD. Notwithstanding subsection B of Section 5053.2 of this\n\ntitle, the state may elect to pursue its claim through any alternate\n\nremedy available to the state, including any administrative\n\nproceeding to determine a civil money penalty. If any alternate\n\nremedy is pursued in another proceeding, the person initiating the\n\naction shall have the same rights in the proceeding as the person\n\nwould have had if the action had continued under this section. Any\n\nfinding of fact or conclusion of law made in the other proceeding\n\nthat has become final shall be conclusive on all parties to an\n\naction under this section. For purposes of this subsection, a\n\nfinding or conclusion is final if it has been finally determined on\nhe\n\naction shall have the same rights in the proceeding as the person\n\nwould have had if the action had continued under this section. Any\n\nfinding of fact or conclusion of law made in the other proceeding\n\nthat has become final shall be conclusive on all parties to an\n\naction under this section. For purposes of this subsection, a\n\nfinding or conclusion is final if it has been finally determined on\n\nappeal to the appropriate court of the State of Oklahoma, if all\n\ntime for filing the appeal with respect to the finding or conclusion\n\nhas expired, or if the finding or conclusion is not subject to\n\njudicial review.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"beb5efe1d8753c524ce7e6639b8b7dd6d8f2c6a4a578b0c1416147555ef570fb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-5053.2","next":"us-ok/okla.-stat.-tit.-63-63-5053.4"},"notice":"GroundRules: Original legal text. Not legal advice."}