As used in the Oklahoma Discovery Code:
§ 3226.2.Commercial Litigation Funder and Commercial Litigation Funding Agreement Defined
Chapter 41: Discovery Code · Last amended November 1, 2025 · Last verified August 3, 2026
In one sentenceDefines commercial litigation funder and commercial litigation funding agreement for the Oklahoma Discovery Code, excluding attorney contingent-fee arrangements, attorney fee-sharing agreements, and consumer litigation funding agreements from both terms.
Full Text of § 3226.2
1. "Commercial litigation funder" means any person or entity, other than an attorney permitted to charge a contingent fee for representing a party, that enters into a contract establishing a right to receive compensation that is contingent on and sourced from any proceeds of the civil action by settlement, judgment, or otherwise. Commercial litigation funder shall not include a consumer litigation funder as defined in Section 3-801 of Title 14A of the Oklahoma Statutes; and
2. "Commercial litigation funding agreement" means an agreement under which the commercial litigation funder is granted a right to receive compensation contingent on and sourced from any proceeds of a civil action by settlement, judgment, or otherwise. A commercial litigation funding agreement shall not include:
a. legal representation services provided on a contingency fee basis or legal costs advanced by a legal representative where such services or costs are provided to or on behalf of a client by an attorney representing the party in the dispute and in accordance with the Oklahoma Rules of Professional Conduct,
b. an agreement entered into between an attorney or law firm and a commercial litigation funder or any other entity. Sharing of fees by an attorney or law firm shall be in accordance with the Oklahoma Rules of Professional Conduct including but not limited to Rules 1.5 and 5.4 of Appendix 3-A of Title 5 of the Oklahoma Statutes, or
c. a consumer litigation funding agreement as defined in Section 3-801 of Title 14A of the Oklahoma Statutes.
Amendment History
Added by Laws 2025, c. 257,s. 3, eff. 11/1/2025.
Plain-English Summary
Section 3226.2 supplies the definitions behind the 2025 litigation-funding disclosure requirement in Section 3226(B)(1)(c). A "commercial litigation funder" is any person or entity -- other than an attorney permitted to charge a contingent fee -- that gets a right to compensation contingent on and sourced from the proceeds of a civil action, whether by settlement, judgment, or otherwise. A "commercial litigation funding agreement" is the agreement granting that right.
Both definitions exclude the arrangements most likely to be confused with third-party funding: contingent-fee representation or advanced litigation costs provided by a client's own attorney, fee-sharing agreements between an attorney or law firm and a funder or other entity (which remain governed by the Oklahoma Rules of Professional Conduct), and consumer litigation funding agreements as defined in Title 14A. Because these definitions exclude consumer funding, the disclosure and certification duties in Section 3226 reach only commercial, not consumer-facing, litigation finance.
Frequently Asked Questions
What is a "commercial litigation funder" under Oklahoma law?
Any person or entity, other than an attorney entitled to charge a contingent fee, that enters a contract giving it a right to compensation contingent on and sourced from the proceeds of a civil action.
Does this definition cover my own attorney working on contingency?
No. The definition of commercial litigation funder expressly excludes an attorney permitted to charge a contingent fee for representing a party.
What is a "commercial litigation funding agreement"?
An agreement granting a commercial litigation funder the right to receive compensation contingent on and sourced from the proceeds of a civil action.
Are consumer lawsuit loans covered by this definition?
No. Consumer litigation funding agreements as defined in Section 3-801 of Title 14A are excluded from both defined terms.
Why do these definitions matter for discovery?
Section 3226(B)(1)(c) requires production of a commercial litigation funding agreement on request, along with a sworn certification about foreign-state funding sources, and these definitions mark out which agreements that duty covers.
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 commercial litigation funder definition12 O.S. § 3226.2litigation funding agreement discovery oklahomathird party litigation funding disclosure oklahoma