A. When a plaintiff requests an indigency exemption from providing an affidavit of merit in a civil action for negligence pursuant to Section 2 of this act, such person shall submit an appropriate application to the court clerk, on a form created by the Administrative Director of the Courts, which shall state that the application is signed under oath and under the penalty of perjury and that a false statement may be prosecuted as such.
§ 192.1.Indigency Exemption - Promulgation of Rules
Chapter 6: Commencement of Actions · Last amended November 1, 2013 · Last verified August 3, 2026
In one sentenceSection 192.1 lets a plaintiff who cannot afford an affidavit of merit in a negligence action apply to the court clerk for an indigency exemption under Supreme Court rules, with an initial determination by the chief judge and review by the presiding judge.
Full Text of § 192.1
1. The Supreme Court shall promulgate rules governing the determination of indigency for a plaintiff claiming an exemption from providing an affidavit of merit in a civil action for negligence pursuant to Section 2 of this act. The initial determination of indigency shall be made by the Chief Judge of the Judicial District or a designee thereof, based on the plaintiff's application and the rules provided herein.
2. Upon promulgation of the rules required by law, the determination of indigency shall be subject to review by the Presiding Judge of the Judicial Administrative District.
Amendment History
Added by Laws 2013, c. 12,s. 4, eff. 11/1/2013.
Note
Text formerly resided under repealed Title 12, § 192, which was derived from Laws 2009, c. 228, § 4, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox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
Oklahoma requires plaintiffs in certain negligence actions to file an affidavit of merit, and Section 192.1 creates an exemption for a plaintiff who can't afford it. A plaintiff seeking the exemption submits an application to the court clerk, on a form the Administrative Director of the Courts creates, signed under oath and under penalty of perjury; a false statement on it can be prosecuted as perjury.
The Supreme Court writes the rules for deciding who qualifies as indigent. The Chief Judge of the Judicial District, or a designee, makes the initial call based on the application and those rules, and the Presiding Judge of the Judicial Administrative District reviews that determination once the rules take effect. A compiler's note attached to this section explains why it exists: an earlier version of this exemption, once codified at the now-repealed Section 192, was struck down by the Oklahoma Supreme Court in Douglas v. Cox Retirement Properties, Inc.
Frequently Asked Questions
What is the affidavit of merit this section refers to?
The text here doesn't spell out the affidavit-of-merit requirement itself — it only addresses the indigency exemption from providing one in a civil action for negligence under the act creating that requirement.
Who decides whether a plaintiff qualifies as indigent under Section 192.1?
The Chief Judge of the Judicial District, or a designee, makes the initial determination based on the plaintiff's application and rules the Supreme Court promulgates; the Presiding Judge of the Judicial Administrative District reviews that determination.
What happens if someone lies on the indigency application?
The application must be signed under oath and under penalty of perjury, and the form itself must state that a false statement may be prosecuted as such.
Why does the compiler's note mention a case called Douglas v. Cox Retirement Properties?
An earlier indigency exemption, formerly at Section 192 and derived from a 2009 law, was held unconstitutional by the Oklahoma Supreme Court in that case; Section 192.1 replaced it.
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
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