§ 19.1.Affidavit of Consultation With Qualified Expert - Extension - Exemption
Chapter 1A: Class Actions · Last amended November 1, 2013 · Last verified August 3, 2026
In one sentenceSection 19.1 requires a plaintiff alleging professional negligence to attach an affidavit confirming consultation with a qualified expert, or seek a limited extension, and lets the court dismiss the case without prejudice if the plaintiff doesn't comply.
1.In any civil action for negligence wherein the plaintiff shall be required to present the testimony of an expert witness to establish breach of the relevant standard of care and that such breach of duty resulted in harm to the plaintiff, except as provided in subsection B of this section, the plaintiff shall attach to the petition an affidavit attesting that:
a.the plaintiff has consulted and reviewed the facts of the claim with a qualified expert,
b.the plaintiff has obtained a written opinion from a qualified expert that clearly identifies the plaintiff and includes the determination of the expert that, based upon a review of the available material including, but not limited to, applicable records, facts or other relevant material, a reasonable interpretation of the facts supports a finding that the acts or omissions of the defendant against whom the action is brought constituted negligence, and
c.on the basis of the review and consultation of the qualified expert, the plaintiff has concluded that the claim is meritorious and based on good cause.
a.without an affidavit being attached to the petition, as required in paragraph 1 of this subsection, and
b.no extension of time is subsequently granted by the court, pursuant to subsection B of this section, the court shall, upon motion of the defendant, dismiss the action without prejudice to its refiling.
3.The written opinion from the qualified expert shall state the acts or omissions of the defendant or defendants that the expert then believes constituted negligence and shall include reasons explaining why the acts or omissions constituted negligence. The written opinion from the qualified expert shall not be admissible at trial for any purpose nor shall any inquiry be permitted with regard to the written opinion for any purpose either in discovery or at trial.
1.The court may, upon application of the plaintiff for good cause shown, grant the plaintiff an extension of time, not exceeding ninety (90) days after the date the petition is filed, except for good cause shown, to file in the action an affidavit attesting that the plaintiff has obtained a written opinion from a qualified expert as described in paragraph 1 of subsection A of this section.
2.If on the expiration of an extension period described in paragraph 1 of this subsection, the plaintiff has failed to file in the action an affidavit as described above, the court shall, upon motion of the defendant, unless good cause is shown for such failure, dismiss the action without prejudice to its refiling. If good cause is shown, the resulting extension shall in no event exceed sixty (60) days.
1.Upon written request of any defendant in a civil action for negligence, the plaintiff shall, within ten (10) business days after receipt of such request, provide the defendant with:
a.a copy of the written opinion of a qualified expert mentioned in an affidavit filed pursuant to subsection A or B of this section, and
b.an authorization from the plaintiff in a form that complies with applicable state and federal laws, including the Health Insurance Portability and Accountability Act of 1996, for the release of any and all relevant records related to the plaintiff for a period commencing five (5) years prior to the incident that is at issue in the civil action for negligence.
2.If the plaintiff fails to comply with paragraph 1 of this subsection, the court shall, upon motion of the defendant, unless good cause is shown for such failure, dismiss the action without prejudice to its refiling.
D.A plaintiff in a civil action for negligence may claim an exemption to the provisions of this section based on indigency pursuant to the qualification rules established as set forth in Section 4 of this act.
Amendment History
Added by Laws 2013, c. 12, s. 2, eff. 11/1/2013.
Note
Text formerly resided under repealed Title 12, § 19, which was derived from Laws 2009, c. 228, § 2, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
Plain-English Summary
Before a negligence plaintiff who needs expert testimony can get a case moving, subsection A makes them attach an affidavit to the petition attesting to three things: that they consulted a qualified expert, that the expert gave a written opinion identifying the plaintiff and finding a reasonable basis for a negligence claim, and that the plaintiff concluded, based on that review, the claim is meritorious and made in good cause. File without the affidavit, and get no extension, and the court must dismiss the action without prejudice on the defendant's motion.
Subsection B lets a plaintiff ask for more time instead: up to 90 days after filing for good cause, with another 60 days available if good cause persists. Subsection C gives the defendant a way to test the affidavit's basis — on written request, the plaintiff must hand over a copy of the expert's written opinion and a HIPAA-compliant records release covering five years before the incident, within ten business days, or face dismissal without prejudice absent good cause. Subsection D exempts indigent plaintiffs from the whole requirement.
The compiler's note matters here: this affidavit requirement isn't new. A predecessor, former § 19 (from a 2009 law), was struck down as unconstitutional by the Oklahoma Supreme Court in Douglas v. Cox Retirement Properties, Inc., 2013 OK 37. Section 19.1, enacted later in 2013, re-created the requirement under a new section number.
Frequently Asked Questions
What must the affidavit attached to a negligence petition say?
That the plaintiff consulted a qualified expert, obtained a written opinion from that expert identifying the plaintiff and finding a reasonable basis for the negligence claim, and concluded on that basis that the claim is meritorious and in good cause.
What happens if I file a negligence petition without the affidavit?
Unless the court has granted an extension, the court must dismiss the action without prejudice to refiling on the defendant's motion.
How long an extension can a court give to file the affidavit?
Up to 90 days after the petition is filed for good cause, with courts able to add up to 60 more days if good cause continues.
Can the defendant see the expert's opinion before trial?
Yes; on written request, the plaintiff must provide a copy of the opinion plus a HIPAA-compliant records release reaching back five years, within ten business days.
Was there an earlier version of this requirement that got struck down?
Yes, the compiler's note explains that a predecessor section, former § 19, was declared unconstitutional in Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, before this section reenacted the affidavit requirement.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:Oklahoma affidavit of meritexpert affidavit medical malpractice Oklahoma12 O.S. § 19.1qualified expert affidavit negligence action