“A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only upon motion . . . upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by any other means.” (See Heffron v. District Court of Oklahoma County (2003) 77 P.3d 1069, 1077.)
“Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of paragraph 1 of this subsection and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows:
After disclosure of the names and addresses of the expert witnesses, the other party expects to call as witnesses, the party, who has requested disclosure, may depose any such expert witnesses subject to scope of this section.” (See Heffron v. District Court of Oklahoma County (2003) 77 P.3d 1069, 1077.)
“Prior to taking the deposition the party must give notice as required in subsections A and C of Section 3230 of this title. If any documents are provided to such disclosed expert witnesses, the documents shall not be protected from disclosure by privilege or work product protection and they may be obtained through discovery.” (See id.)
“Rulings concerning expert witness qualifications and the admissibility of expert testimony rest in the discretion of the trial court, and a decision on them will not be disturbed unless it clearly appears that discretion has been abused.” (See Adecco Inc. v. Dollar (2011) 254 P.3d 729, 731.)
“To determine whether an abuse of discretion has occurred, a review of the facts and the law is essential.” (See Adecco Inc. v. Dollar (2011) 254 P.3d 729, 731.)
“An abuse of discretion occurs when a court bases its decision on an erroneous conclusion of law or where there is no rational basis in evidence for the ruling.” (See id.)
It is well settled that “unless manifest injustice would result: (1) The court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery.” (See Heffron v. District Court of Oklahoma County (2003) 77 P.3d 1069, 1077.)
It is also well settled that “if scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise.” (See Clark v. Continental Tank Co. (1987) 744 P.2d 949, 952.)
4 pages
IN THE DISTRICT COURT IN AND FOR CHEROKEE COUNTY STATE OF OKLAHOMA DEBRA E. PROCTOR, Plaintiff, Case No.: CJ-2023-29 Vv. Judge Joshua Cc. King ROBERTO DAVID SUAREZ-SOTO, we ROBER
Jan 27, 2023
23 pages
” #1052458296% FILED IN THE DISTRICT COURT INTY OKLAHOMA, IN THE DISTRICT COURT OF ROGERS COUNTY ROGERS COU STATE OF OKLAHOMA 6 2022 JUSTIN DEAN YOUNG, ) MAY 1 ) CATHI EDWARDS, COURT C! Plaintiff, ) LA. vs. ) Case No.: CJ-2020-80 DEPUTY JOSEPH BLAINE GRIFFEY, ) Honorable Judge Sheila A. Condren GRAIN DEALERS MUTUAL ) INSURANCE COMPANY, and ) GEICO CASUALTY COMPANY, ) ) Defendants. ) PLAINTIFF’S RESPONSE TO GEICO’S MOTION TO ENFORCE SUBPOENA DUCES TECUM TO PLAINTIFF’S EXPERT, MARTY FULLER, AN
18 pages
IN THE DISTRICT COURT OF MCINTOSH fe Y lz ln STATE OF OKLAHOMA MAR 3] 2022 WILLIAM B. CAPERS, JR. and MISA RODERUSHE, Court Clerk JENNIFER K. CAPERS, By McINTOSH COUNTY ——— Deputy Plaintiffs, Case No. CJ-2021-40 The Honorable Brendon Bridges v. KOSS CONSTRUCTION COMPANY and CENTRAL PLAINS CEMENT COMPANY, and ALLIANCE TRANSPORTATION, I Oe Defendants. PLAINTIFF’S MOTION TO COMPEL AGAINST THE DEFENDANT, CENTRAL PLAINS CEMENT. The Plaintiff, William Capers, moves this Court, pursuant to 12
105 pages
IN THE DISTRICT COURT OF TULSA COUNTY, oKLaHgguspRier ogre, CAROL J. MALLORY and RONALD S. ) MALLORY, husband and wife, and on ) MAR 18 2022 behalf of MICHELLE R. MALLORY, a_) WRERRY disabled person, ) STAI sr Ee aa car ) Plaintiffs, ) y Case No: CJ-2022-00219 vs. ) Judge: | Daman Cantrell ) ) UNION CARBIDE CORPORATION; ) and D & F DISTRIBUTING, INC., ) ) Defendants. ) PLAINTIFFS’ RESPONSE AND OBJECTION TO DEFENDANT D&F DISTRIBUTING, INC.’S MOTION TO TRANSFER AND/OR TO DISMISS Plaintiffs Car
Tulsa County, OK
Mar 18, 2022
Civil Docket E
12 pages
IN THE DISTRICT COURT OF WOODWARD COUNTY STATE OF OKLAHOMA DOUBLE D RANCH OF WOODWARD, INC., Plaintiff, vs, Case No. CJ-2020-73 DCP MIDSTREAM, LLC, DCP MIDSTREAM, LP, DCP MIDSTREAM GP, LLC, DCP MIDSTREAM GP, LP, ) ) ) ) ) Judge Jill C. Weedon ) DCP OPERATING COMPANY, LP, ) ) ) ) ) ) ) ) ) ) DANIEL DICK, LACEY HENRICKS, GHD SERVICES INC., GREG SCHEFFE, KYLE GREGORY, GREG BARTON, J&R TRANSPORT, INC., WOODWERD COUNTY, i rediek BY. DEPUTY Defendants. DEFENDANT GHD SERVICES, INC.’S REPLY
21 pages
FILED IN THE DISTRICT COURT OF POTTAWATOMIE COUNT THE DISTRICT CoyRr STATE OF OKLAHOMA NICKOLAS Z. MAULDIN, Plaintiff, v. Case No. CJ-2020-31 KEITH A. MEHNER, D.D.S., d/b/a ) ) ) ) ) ) ) McLOUD FAMILY DENTISTRY, and ) KEITH A. MEHNER, D.D.S, P.L.L.C., ) ) Defendants. ) DEFENDANTS’ COMBINED MOTION TO COMPEL DISCOVERY AND MOTION TO EXTEND SCHEDULING DEADLINES AND MOTION TO EXTEND SCRE Tre COME NOW, Defendants, Keith A. Mehner, D.D.S., d/b/a McLoud Family Dentistry, and Keith A. Meh
38 pages
IN THE DISTRICT COURT OF POTTAWATOMIE COU! STATE OF OKLAHOMA JAMES and CAROLYN BRANSCUM, Plaintiffs, v. FARMERS INSURANCE COMPANY, INC.; FARMERS INSURANCE EXCHANGE; FARMERS GROUP, INC. and STEVE BURRIS d/b/a STEVE BURRIS INSURANCE AGENCY, Defendants. OD CR UP 60? UO? OR OU GOD Wn CED LD CD Case No. CJ-2020-227 Judge John G. Canavan, Jr. RANDY and SHEILA PERKINS, Plaintiffs, vy. FARMERS INSURANCE COMPANY, INC.; FARMERS INSURANCE EXCHANGE; FARMERS GROUP, INC. and STEVE BURRIS d/b/a STEVE BU
72 pages
IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA PLA-MOR PROPERTIES, LLC, an Oklahoma Limited Liability Company, Plaintiff, v. DR. BRANDON BAILEY, DO, PLLC, an Oklahoma Professional Limited Liability Company doing business as EVOLVED HEALTH, and BRANDON BAILEY, an Individual, Case No: CJ-2019-02569 Judge: William B. LaFortune Defendants. ve DR. BRANDON BAILEY, DO, PLLC, an eee cguae Oklahoma Professional Limited Liability “ E93 Company doing business as EVOLVED NOV 23 7999
Tulsa County, OK
Nov 23, 2020
Civil Docket C
18 pages
IN THE DISTRICT COURT OF OKMULGEE COUNTY STATE OF OKLAHOMA JOSHUA VOGLER and ) TIFFANY VOGLER, husband and wife, ) ) Plaintiffs, ) J v. ) Case No, CJ-2018-208 ) ADVANCE OIL CORPORATION, ) an Oklahoma domestic business ) IN mS D corporation, ) T COORT ) oKM| EP 22 2020 Defendant. ) CHaRce Coy Defendant, Advance Oil Corporation (“Advance”), by and through its undersigned counsel of record, respectfully requests that the Court enter a protective order pursuant to Okla. Stat. tit. 12, § 3226(C)(1)
101 pages
IN THE DISTRICT COURT OF GARFIELD COUNTY STATE OF OKLAHOMA MARIAH UNDERWOOD, individually, as Parent and Guardian of her minor children, and as Representative of the FILED Estate of CHRISTPHER UNDERWOOD, GARFIELD COUNTY, OKLA Deceased, JUL 2 6 2020 Plaintiffs, JANELLE M. SHARP. COURT GLERK BY. COURT CLERK vs. No. CJ-2018-141 Judge: Hon. Paul Woodward UHS OF OKLAHOMA, LLC, d/b/a ST. MARY’S REGIONAL MEDICAL CENTER, MARGO SHORT, M.D., CHAD SCHROEDER, P.A., EMERGENCY SERVICES OF OKLAHOMA, P.C., U
158 pages
FILED IN THE DISTRICT COURT ROGERS COUNTY OKLAHOMA, IN THE DISTRICT COURT OF ROGERS COUNTY STATE OF OKLAHOMA FEB Oy 2020 —— Case No.: CJ-2018-51 Judge Sheila A. Condren ROBERT STRONG, Plaintiff, v. CSAA FIRE & CASUALTY INSURANCE COMPANY, we eee Defendant. DEFENDANT CSAA’S MOTION FOR ATTORNEY’S FEES AND BRIEF IN SUPPORT COMES NOW the Defendant, CSAA Fire & Casualty Insurance Company (“CSAA”), by and through its attorneys of record, James N. Edmonds and Kirsten L. Palfreyman, of the law f
26 pages
MONA 41346587 IN THE DISTRICT COURT OF GARFIELD COUNTY STATE OF OKLAHOMA MARIAH UNDERWOOD, individually, as Parent and Guardian of her minor children and As Representative of the Estate of CHRISTOPHER UNDERWOOD, deceased, RICKARD UNDERWOOD, and LINDA UNDERWOOD, Plaintiffs, vs. UNIVERSAL HEALTH SERVICES, INC., UHS OF OKLAHOMA, INC., d/b/a ST. MARY’S. REGIONAL MEDICAL CENTER, MARGO SHORT, M.D., CHAD SCHROEDER, P.A., EMERGENCY SERVICES OF OKLAHOMA, P.C., UHS OF DELAWARE, INC., and APOGEE MED
44 pages
IN THE DISTRICT COURT OF GARFIELD COUNTY STATE OF OKLAHOMA FILE MARIAH UNDERWOOD, individually, as GARFIELD ay OKLA Parent and Guardian of her minor children and ' As Representative of the Estate of oct 31 2019 CHRISTOPHER UNDERWOOD, deceased, j EM SHARP RICKARD UNDERWOOD, and LINDA UNDERWOOD, ak Bi DE! COURT CLERK Plaintiffs, Case No.: CJ-2018-141-01 Judge: Paul Woodward vs. UNIVERSAL HEALTH SERVICES, INC., UHS OF OKLAHOMA, INC., d/b/a ST. MARY’S REGIONAL MEDICAL CENTER, MARGO SHORT, M
20 pages
IN THE DISTRICT COURT IN AND FOR GARFIELD COUNTY, .. STATE OF OKLAHOMA GARE ELD 6, HILAND PARTNERS HOLDINGS LLC, as successor-in-interest to HILAND PARTNERS, LP, HILAND OPERATING, L.L.C., and HILAND PARTNERS GP HOLDINGS, L.L.C., Case No. CJ-2016-178 Plaintiff, Vv. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. and AIG CLAIMS, INC., Defendants. PLAINTIFF’S MOTION TO COMPEL Plaintiff Hiland Partners Holdings LLC (“Hiland”) hereby submits this Motion to Compel a respo
25 pages
D IN DISTRICT COURT chtek COUNTY SAPULPA OK IN THE DISTRICT COURT OF CREEK COUNTY (SAPULPA} ay 30 Ze? (3 STATE OF OKLAHOMA DAVID NAPIER, an individual, JME Vanorsdol, COURT CLERK Plaintiff, Case No. CJ-2015-00094 v. The Honorable Douglas W. Golden BRADLEY LEE COCHRAN, et al., Defendants. PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S EXPERT WITNESS AND BRIEF IN SUPPORT The Plaintiff, David Napier, respectfully submits this response to Defendant’s Motion to Strike Plaintiff's
8 pages
IN THE DISTRICT COURT OF OTTAWA COUNTY STATE OF OKLAHOMA TAMMIE TURNER Plaintiff, v. Case No.: CJ- 2016-27 FILED HUSSAIN MUZAFFAR, M.D. and BAPTIST oTTANACO ‘OKLA HEALTHCARE OF OKLAHOMA, LLC, _ d/b/a INTEGRIS BAPTIST REGIONAL MAR 16 2017 HEALTH CENTER, d/b/a ORTHOPEDIC SURGERY CLINIC OF MIAMI, CASSIE KEY COURT CLERK BY. Defendants. MOTION TO COMPEL BY DEFENDANT BAPTIST HEALTHCARE OF OKLAHOMA, LLC REGARDING SUPPLEMENTAL INTERROGATORIES Defendant Baptist Healthcare of Oklahoma, LLC, d
25 pages
IN THE DISTRICT COURT IN AND FOR WASHINGTON COUNTY kK STATE OF OKLAHOMA DISTRICT COURT ASHTON or e { BARBARA BROWN, NOV_28 2016 Plaintiff, DEPUTY v. Case No. CJ-2013-184 Judge Carl G. Gibson BEN BAKER, M_LD., (Nowata County) Defendant. PLAINTIFF’S MOTION TO STRIKE DEFENDANT BAKER’S EXPERT WITNESSES, OR ALTERNATIVELY MOTION TO COMPEL EXPERT DISCLOSURES, AND MOTION TO SET CASE FOR PRETRIAL CONFERENCE COMES NOW the Plaintiff, Barbara Brown, by and through her attorneys of record, and respectfu
18 pages
| UA 62% 1028858 IN THE DISTRICT COURT OF GARFIELD COUNTY STATE OF OKLAHOMA one IN RE THE MARRIAGE OF ) siresn CNTY OKLA CHRISTINE HARRIS, } Petitioner; and ) DERRICK HARRIS, Respondent. Case No. FD-2012-431-05 PETITIONER’S MOTION FOR COSTS AND ATTORNEY FEES COMES NOW the Petitioner, CHRISTINE HARRIS, and moves the Court for an Order requiring Respondent, DERRICK HARRIS, to pay reasonable costs and attorney fees incurred by Petitioner herein. In support of this Motion, Petitioner respectf
4 pages
pe Goth) MAR 3 4 2022 LISA RODE H, Court Clerk IN THE DISTRICT COURT OF MCINTOSH couyty “EVRY COUNTY STATE OF OKLAHOMA 0 WILLIAM B. CAPERS, JR. and JENNIFER K. CAPERS, Plaintiffs, Case No. CJ-2021-40 The Honorable Brendon Bridges v. KOSS CONSTRUCTION COMPANY and CENTRAL PLAINS CEMENT COMPANY, and ALLIANCE TRANSPORTATION, Defendants. PLAINTIFF’S MOTION TO COMPEL AGAINST THE DEFENDANT, CENTRAL PLAINS CEMENT The Plaintiff, William Capers, moves this Court, pursuant to 12 O.S. § 3237a, to
(No Case Name Available)
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