Library: Policy

340:2-28-18. Discovery

Revised 9-15-21

(a) Right to discovery.  Parties to an action before an administrative law judge (ALJ) of the Office of Administrative Hearings: Child Support, have the right to conduct discovery under the Oklahoma Discovery Code, Chapter 41 of Title 12 of the Oklahoma Statutes.  ALJs may enter orders for discovery as necessary.

(b) Discovery not filed.  Requests for the purpose of discovery must not be filed with OAH, unless the discovery document accompanies a pleading, motion, a response to a motion, or is ordered by the ALJ.  Motions to compel discovery and/or  for protective orders are permitted.

(1) It is the responsibility of the party submitting the documents to redact any sensitive material.

(2) Any discovery that contains personal identifiers, such as bank account, routing, taxpayer identification, or Social Security numbers, may be redacted by the party submitting the documents.  When the numbers are relevant to the case, redacting all numbers except for the last four digits is acceptable.  The party submitting the redacted documents must not redact the originals; the redaction is made on copies of the originals, with the redacted copies submitted in substitution for the originals.

(c) Disputed discovery motions.  A hearing on a discovery dispute may not be set unless the moving party advises the ALJ in the motion that the party has conferred or has attempted to confer, in good faith, about the dispute, with the non-movant and was unable to resolve the dispute.