{"data":{"id":"us-ok/okla.-stat.-tit.-76-76-86","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 76, § 76-86","heading":"Defendant's identification of additional or alternative","body":"personal injury trusts.\n\nDEFENDANT'S IDENTIFICATION OF ADDITIONAL OR ALTERNATIVE PERSONAL\n\nINJURY TRUSTS.\n\nA. 1. Not later than ninety (90) days before trial, any\n\ndefendant may move the court for an order under subsection D of this\n\nsection by identifying a personal injury trust against which the\n\ndefendant in good faith believes the plaintiff can file a successful\n\nclaim. For each personal injury trust a defendant identifies, the\n\ndefendant shall produce or describe the evidence sufficient to meet\n\nthe personal injury trust distribution procedure requirements to\n\nfile a valid claim and the amount of money the trust should pay for\n\nthe claim.\n\n2. Notwithstanding any other provision of this subsection, if\n\nthe plaintiff produces additional information that supports the\n\nfiling of an additional personal injury trust claim, a defendant may\n\nfile a motion to stay the proceedings within seven (7) days of\n\nreceiving the additional information.\n\nB. Within ten (10) days of receiving a motion under subsection\n\nA of this section, the plaintiff shall, for each personal injury\n\ntrust identified by the defendant:\n\n1. File a claim with the personal injury trust;\n\n2. File a written response with the court that sets forth\n\nreasons why there is insufficient evidence to permit the plaintiff\n\nto file a claim in good faith under the personal injury trust\n\ndistribution procedure identified by the defendant; or\n\n3. File a written response with the court requesting a\n\ndetermination that the plaintiff's or attorney's fees and expenses\n\nto prepare and file the personal injury trust claim identified in\n\nthe defendant's motion exceed the plaintiff’s reasonably anticipated\n\nrecovery from the personal injury trust.\n\nC. If the defendant has met its burden under subsection A of\n\nthis section, and if the plaintiff files a response pursuant to\n\nparagraph 2 of subsection B of this section, the court shall\n\ndetermine, for each personal injury trust identified under\n\nsubsection A of this section, whether there is a good-faith basis\n\nfor the plaintiff to file a claim with the personal injury trust or\n\nif the plaintiff does not meet criteria set forth in the personal\n\ninjury trust's trust governance documents.\n\nD. If the defendant has met its burden under subsection A of\n\nthis section and if the plaintiff files a response pursuant to\n\nparagraph 3 of subsection B of this section, the court shall\n\ndetermine if the plaintiff’s or attorney's fees and expenses to\n\nprepare and file the personal injury trust claim identified in the\n\ndefendant's motion, exceed the plaintiff’s reasonably anticipated\n\nrecovery from the personal injury trust.\n\nE. If the court determines that there is a good-faith basis for\n\nthe plaintiff to file a claim against a personal injury trust\n\nidentified by a defendant, the court shall:\n\n1. Order the plaintiff to file a claim with the personal injury\n\ntrust and stay the immediate action until the plaintiff swears or\n\naffirms that he or she has filed the claim against the personal\n\ninjury trust and the plaintiff provides to all parties a final\n\nexecuted proof of claim and all other trust claims materials\n\nrelevant to each claim the plaintiff has against a personal injury\n\ntrust; or\n\n2. If the court determines, pursuant to subsection D of this\n\nsection, that the plaintiff’s or attorney's fees and expenses exceed\n\nthe plaintiff’s reasonably anticipated recovery from the personal\n\ninjury trust, the court shall stay the immediate action until the\n\nplaintiff files with the court and produces to all parties a\n\nverified statement of the plaintiff’s history of exposure, usage, or\n\nother connection, as relevant, to the products, services, or events\n\ncovered by the personal injury trust.\n\nF. Not less than thirty (30) days after the plaintiff provides\n\nthe documentation required under subsection D of this section, the\n\ncourt may schedule the plaintiff's action for trial.\ncourt and produces to all parties a\n\nverified statement of the plaintiff’s history of exposure, usage, or\n\nother connection, as relevant, to the products, services, or events\n\ncovered by the personal injury trust.\n\nF. Not less than thirty (30) days after the plaintiff provides\n\nthe documentation required under subsection D of this section, the\n\ncourt may schedule the plaintiff's action for trial.\n\nG. Not less than thirty (30) days prior to trial, the court\n\nshall enter into the record a trust claims document that identifies\n\neach personal injury claim the plaintiff has made against a personal\n\ninjury trust.","path":["OK Code","Title 76"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os76.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9509e7175b06e215c262b1e206f594d78533bc185047a1d5d266f5027e8e9b41","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-76-76-85","next":"us-ok/okla.-stat.-tit.-76-76-87"},"notice":"GroundRules: Original legal text. Not legal advice."}