{"data":{"id":"us-ok/okla.-stat.-tit.-76-76-97","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 76, § 76-97","heading":"Filing of written report and supporting test results of","body":"prima facie showing - Expediting mesothelioma claims.\n\nA. In any action covered by the provisions of this act, a\n\nclaimant shall file together with the complaint or other initial\n\npleading a written report and supporting test results constituting\n\nthe prima facie showing required pursuant to this act. In an action\n\nwhere the claimant either fails to provide such prima facie evidence\n\nor provides inadequate prima facie evidence, the defendant may,\n\nwithout waiving any defenses otherwise available to him, file within\n\nthe time allotted for his Answer, a Notice of Appearance rather than\n\nan Answer to the Complaint. The claimant shall, within ninety (90)\n\ndays of receipt of such Answer or Notice of Appearance, provide such\n\nprima facie evidence as is called for by the provisions of this act.\n\nThe defendant in any case shall then be afforded a reasonable\n\nopportunity to challenge the adequacy of the proffered prima facie\n\nevidence of asbestos-related or silica-related impairment as\n\nreferenced in this section and subsection A of Section 8 of this\n\nact. Upon a finding of failure to make the required prima facie\n\nshowing, the claimant's action shall not be placed on any trial\n\ndocket nor be the subject of any discovery other than discovery on\n\nthe issue of prima facie evidence of impairment. Upon the finding\n\nof the required prima facie showing, no defendant shall be allowed\n\nto challenge such prima facie showing absent a showing of\n\nmisrepresentation, fraud, and/or good cause.\n\nB. In any action covered by the provisions of this act in which\n\nthe exposed person has received a diagnosis of mesothelioma which\n\nmeets the requirements of paragraph 1 of subsection A of Section 6\n\nof this act, the claimant may petition the court requesting that a\n\ntrial date be set on an expedited basis. The court may, in its\n\ndiscretion, provide for an expedited trial setting, if the claimant\n\ndemonstrates good cause for such an expedited trial setting and the\n\ndefendant(s) is/are not prejudiced by such an expedited trial\n\nsetting. In no event shall a trial date be set less than one\n\nhundred twenty (120) days from the date of an order granting such a\n\nmotion and in no event shall a case be called for trial unless six\n\n(6) months have passed between the date of the initial filing of the\n\ncase and the date of trial.","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":"fefe6ee53ece3e3e238138bf723df8d695e11a81fc002eb5be1fa25e3957e12b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-76-76-96","next":"us-ok/okla.-stat.-tit.-76-76-98"},"notice":"GroundRules: Original legal text. Not legal advice."}