{"data":{"id":"us-ok/okla.-stat.-tit.-79-79-210","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 79, § 79-210","heading":"Civil investigative demand - Petition for order modifying","body":"or setting aside demand - Petition for enforcement - Penalty -\n\nNotice of disclosure.\n\nA. As used in this section:\n\n1. \"Antitrust investigation\" and \"investigation\" mean any\n\ninquiry conducted by the Attorney General for the purpose of\n\nascertaining whether any person is or has been engaged in or is\n\nactively preparing to engage in activities which may constitute an\n\nantitrust violation;\n\n2. \"Antitrust violation\" means any act or omission in violation\n\nof any of the prohibitions contained in this act or in violation of\n\nany of the antitrust laws set forth in 15 U.S.C., Section 12(a);\n\n3. \"Civil investigative demand\" and \"demand\" mean any demand\n\nissued by the Attorney General under subsection B of this section\n\nand consistent with the discovery methods set forth in subsection A\n\nof Section 3226 of Title 12 of the Oklahoma Statutes; and\n\n4. \"Person\" means a natural person, proprietorship,\n\npartnership, corporation, limited liability company, municipal\n\ncorporation, public trust, association, or any other public or\n\nprivate entity, however organized, and includes any person acting\n\nunder color or authority of state law.\n\nB. Whenever the Attorney General has reason to believe that any\n\nperson may be in possession, custody, or control of any information,\n\ndocumentary material, or physical evidence relevant to a civil\n\nantitrust investigation, the Attorney General may, prior to the\n\ninstitution of a civil proceeding, obtain discovery by issuing in\n\nwriting and serving upon the person a civil investigative demand\n\nrequiring the person to produce the information, documentary\n\nmaterial, or physical evidence for inspection and copying, to permit\n\nentry upon land or other property, to answer in writing written\n\ninterrogatories, to give oral testimony, or to provide any\n\ncombination of the above.\n\n1. Each demand shall describe the nature of the activities that\n\nare the subject of the investigation and shall set forth each\n\nstatute and section of that statute that may have been or may be\n\nviolated as a result of the activities. Each demand shall advise\n\nthe person upon whom the demand is to be served that the person has\n\nthe right to object to the demand as provided for in this section;\n\n2. Each demand for production of documentary material and for\n\nanswers to written interrogatories shall prescribe a reasonable\n\nreturn date or dates by which the material shall be produced and the\n\nanswers to interrogatories shall be submitted;\n\n3. Each demand for the giving of oral testimony shall prescribe\n\na reasonable date, time, and place at which the testimony shall\n\nbegin.\n\nC. 1. A demand issued under subsection B of this section may\n\nrequire compliance only if the material or information sought would\n\nbe discoverable under the Oklahoma Discovery Code, and only in the\n\nmanner prescribed in the applicable provisions therein.\n\n2. A demand under subsection B of this section may not be\n\nissued upon the Oklahoma Tax Commission for records or files which\n\nare considered confidential and privileged under Section 205 of\n\nTitle 68 of the Oklahoma Statutes.\n\nD. At any time before the return date specified in a demand or\n\nwithin twenty (20) days after the demand has been served, whichever\n\nperiod is shorter, the person who has been served and, in the case\n\nof a demand for a product of discovery, the person from whom the\n\ndiscovery is sought, may file a petition for an order modifying or\n\nsetting aside the demand in the district court in the county of the\n\nperson's residence or principal office or place of business. Any\n\nsuch petition shall specify each ground upon which the petitioner\n\nrelies in seeking the relief sought. The petition may be based upon\n\nany failure of such demand to comply with the provisions of this\n\nsection or upon any constitutional or other legal right or privilege\n\nof the petitioner. The petitioner shall serve a copy of the\ne\n\nperson's residence or principal office or place of business. Any\n\nsuch petition shall specify each ground upon which the petitioner\n\nrelies in seeking the relief sought. The petition may be based upon\n\nany failure of such demand to comply with the provisions of this\n\nsection or upon any constitutional or other legal right or privilege\n\nof the petitioner. The petitioner shall serve a copy of the\n\npetition upon the Attorney General. The Attorney General may submit\n\nan answer to the petition. In ruling on the petition, the court\n\nshall presume absent evidence to the contrary that the Attorney\n\nGeneral issued the demand in good faith and within the scope of his\n\nor her authority. The time for compliance with the demand in whole\n\nor in part shall not run during the pendency of any petition filed\n\nunder this subsection; provided, however, that the petitioner shall\n\ncomply, with any portions of the demand not sought to be modified or\n\nset aside.\n\nE. A person on whom a demand is served shall comply with the\n\nterms of the demand unless otherwise provided by court order.\n\nF. 1. Whenever any person fails to comply with any demand duly\n\nserved on that person under this section, the Attorney General may\n\nfile in the district court in the county in which the person\n\nresides, is found, or transacts business and serve on the person a\n\npetition for an order of the court for enforcement of this section.\n\nIf the person transacts business in more than one county, the\n\npetition shall be filed in the county of the person's principal\n\noffice or place of business in the state or in any other county as\n\nmay be agreed upon by the person and the Attorney General.\n\n2. Any person, who, with intent to avoid, evade, or prevent\n\ncompliance in whole or part with a demand issued under this section,\n\nremoves from any place, conceals, withholds, destroys, mutilates,\n\nalters, or by any other means falsifies any documentary material or\n\notherwise provides inaccurate information is guilty of a misdemeanor\n\nand, upon conviction, shall be punished by a fine of not more than\n\nFive Thousand Dollars ($5,000.00) or by confinement in the county\n\njail for not more than one (1) year or by both such fine and\n\nimprisonment.\n\nG. 1. Not later than fifteen (15) days prior to disclosing\n\nunder this subsection any documentary material or answers to written\n\ninterrogatories designated as containing trade secrets or\n\nconfidential information, the Attorney General shall notify the\n\nperson who produced the material of the Attorney General's intent to\n\nmake the disclosure. After providing such notification, the\n\nAttorney General may petition a district court in any county of this\n\nstate in which the person resides, does business, or maintains its\n\nprincipal office for an order authorizing disclosure of the trade\n\nsecrets or confidential information. After notice and hearing, if\n\nso ordered, the Attorney General may disclose the trade secrets or\n\nconfidential information.\n\n2. Upon written request, the Attorney General shall return\n\ndocumentary material produced under this section in connection with\n\nan antitrust investigation to the person who produced it whenever:\n\na. any case or proceeding before any court arising out of\n\nthe investigation has been completed, or\n\nb. the Attorney General has decided after completing an\n\nexamination and analysis of the material not to\n\ninstitute any case or proceeding before a court in\n\nconnection with the investigation.\n\nH. Whenever any petition is filed in the district court as\n\nprovided for in this section, the court shall have jurisdiction to\n\nhear and determine the matter presented and to enter any order or\n\norders required to implement the provisions of this section. Any\n\nfinal order shall be subject to appeal. Failure to comply with any\n\nfinal order entered by a court under this section is punishable by\n\nthe court as contempt.","path":["OK Code","Title 79"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os79.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"795f66644256e40e9570ab769ae9e78b5f33b69c253abfacd715ea4543b40cbb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-79-79-209","next":"us-ok/okla.-stat.-tit.-79-79-211"},"notice":"GroundRules: Original legal text. Not legal advice."}