Oklahoma Senate Bill SB79

Oklahoma 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/7/23
• Report Pass: 2/21/23

Caption

Civil procedure; modifying procedures for offers of judgment. Effective date.

Impact

The amendments outlined in SB79 will impact the existing laws regarding how offers of judgment are handled in civil cases, specifically those concerning damages for property injuries and related costs. The adjustments aim to incentivize timely resolutions by allowing the claiming party to recover costs, including attorney fees, if they obtain a judgment that exceeds the defendant’s offer. This can potentially alter the dynamics of litigation, as plaintiffs might feel more pressure to accept reasonable offers, while defendants may be encouraged to provide fair offers upfront.

Summary

Senate Bill 79 (SB79) proposes changes to the civil procedure in Oklahoma concerning offers of judgment, which allow a defendant to formally propose a settlement amount before a trial. Under this bill, it modifies the process by stipulating a set timeline for these offers and clarifying the conditions for accepting and rejecting them. Specifically, the bill requires the filing of an accepted offer with the court and makes unaccepted offers inadmissible as evidence during trial. The intent is to streamline judicial proceedings and encourage settlements.

Sentiment

The sentiment around SB79 appears to be supportive mainly among legal advocates who believe that the proposed changes will enhance efficiency in court systems and reduce prolonged litigation. However, there may be concerns among some legal circles regarding potential impacts on plaintiffs who may feel compelled to settle for lower amounts due to the defined cost implications following unaccepted offers. Overall, the bill seems to receive backing for promoting judicial economy, although it also raises questions about access to justice in some cases.

Contention

Notable points of contention surrounding SB79 include the potential for it to inadvertently pressure plaintiffs into accepting offers that may not fully reflect their claims, especially if they are concerned about incurring additional costs if the judgment rendered is less than the defendant's offer. Additionally, the requirement to include specific information in the offer of judgment, as well as the procedures for filing, may be seen as burdensome by some legal professionals, who argue that it could complicate proceedings rather than simplify them.