A. ABUSIVE DISCOVERY. In addition to the protective orders that a court may issue pursuant to paragraph 1 of subsection C of Section 3226 of Title 12 of the Oklahoma Statutes, a protective order may be issued by the court authorizing or denying discovery in the court in which the action is pending. A protective order may also be authorized on matters relating to a deposition. The order may be issued upon a motion by a party or the person from whom discovery is sought. The motion shall be accompanied by a certification that the movant has in good faith conferred or attempted to confer, either in person or by telephone, with other affected parties in an effort to resolve the dispute without court action. Upon receipt by the court of the motion and certification, the court may enter the protective order authorizing or denying the discovery upon a finding that justice requires a party or person be protected from annoyance, harassment, embarrassment, oppression or undue delay, burden, or expense.
§ 3226.1.Abusive Discovery
Chapter 41: Discovery Code · Last amended November 1, 2004 · Last verified August 3, 2026
In one sentenceLets a court issue a protective order against abusive discovery to guard a party or person from annoyance, harassment, embarrassment, oppression, undue delay, burden, or expense, and lets it award reasonable expenses, including attorney fees, to whichever side prevails on the motion.
Full Text of § 3226.1
B. AWARD OF EXPENSES OF MOTION. If the motion is granted, the court may, after opportunity for hearing, require the party or person whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.
If the motion is denied, the court may, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust. If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.
Amendment History
Added by Laws 2004, HB 2661, c. 368, §14, eff. 11/1/2004.
Plain-English Summary
Section 3226.1 supplements the protective-order power in Section 3226 with a stand-alone remedy for abusive discovery. On a motion by a party or the person from whom discovery is sought -- backed by a certification that the movant tried in good faith to work out the dispute first -- the court may authorize or deny discovery in the pending action, including on matters relating to a deposition, upon finding that justice requires protecting someone from annoyance, harassment, embarrassment, oppression, or undue delay, burden, or expense.
Whichever way the motion comes out, the losing side generally pays. If the motion is granted, the court may require the party or attorney whose conduct caused it to pay the reasonable expenses of obtaining the order, including attorney fees, unless the opposition was substantially justified or an award would be unjust. If it's denied, the same expense-shifting runs the other way, and if it's granted in part and denied in part, the court may apportion the expenses in a just manner.
Frequently Asked Questions
What counts as abusive discovery under this section?
Discovery conducted in a way that causes annoyance, harassment, embarrassment, oppression, or undue delay, burden, or expense to a party or person -- the grounds the court must find before entering a protective order.
Do I have to try to resolve the dispute before filing this motion?
Yes. The motion must include a certification that the movant conferred, or tried in good faith to confer, with the other affected parties to resolve the dispute without court action.
Can I recover attorney fees if I win this motion?
Yes, unless the court finds the opposition to the motion was substantially justified or other circumstances make an expense award unjust.
What if I lose the motion?
The court may require you (or the attorney advising you, or both) to pay the other side's reasonable expenses, including attorney fees, subject to the same substantially-justified exception.
What happens if the motion is granted in part and denied in part?
The court may apportion the reasonable expenses among the parties and persons involved in a just manner.
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 abusive discovery protective order12 O.S. § 3226.1attorney fees discovery motion oklahomaprotecting against harassing discovery oklahoma