Not less than thirty (30) days nor more than sixty (60) days after the filing of a judgment, decree, or final appealable order if no appeal is taken, or within thirty (30) days after issuance of the mandate by the appellate court if appealed, the party or counsel shall withdraw, upon proper receipt to the court clerk, any previously filed discovery items which were not introduced into evidence which were not included in the record on appeal or which are not needed for decision of the case on remand, if any.
§ 3226A.Withdrawal of Certain Discovery Items
Chapter 41: Discovery Code · Last amended September 1, 1994 · Last verified August 3, 2026
In one sentenceRequires a party or attorney to withdraw previously filed discovery items that were not used as evidence, included in the appellate record, or needed for a decision on remand, within a set window after judgment or after an appellate mandate issues.
Full Text of § 3226A
Amendment History
Added by Laws 1994, SB 1076, c. 343, §12, eff. 9/1/1994.
Plain-English Summary
Section 3226A cleans up the court file once a case winds down. Not less than thirty days nor more than sixty days after a judgment, decree, or final appealable order becomes final without an appeal -- or within thirty days after an appellate mandate issues if the case was appealed -- the party or counsel must withdraw, upon proper receipt to the court clerk, any previously filed discovery items that were never introduced into evidence, never made part of the appellate record, and aren't needed to decide the case on remand.
Frequently Asked Questions
When do I have to withdraw discovery items filed with the court?
Between thirty and sixty days after a judgment, decree, or final appealable order becomes final if there's no appeal, or within thirty days after the appellate court issues its mandate if there was one.
Which discovery items have to be withdrawn?
Only those that were not introduced into evidence, not included in the record on appeal, and not needed for a decision on remand.
What if the case is remanded and I still need a discovery item?
The statute exempts items "needed for decision of the case on remand," so those don't have to be withdrawn.
How do I withdraw an item under this section?
The statute requires withdrawal "upon proper receipt to the court clerk," pointing to a receipt process through the clerk's office rather than a formal motion.
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: withdrawing discovery filed with oklahoma court12 O.S. § 3226Aremoving depositions from court file oklahomadiscovery withdrawal after judgment oklahoma