Okla. Stat. tit. 85, Rule 26
Photographs, and Electronic or Digital Media Exhibits
Effective Jan 30, 2006Adopted by order of the Supreme Court, 1997 OK 130 , eff. November 1, 1997; Renumbered from fomer Rule 55 and amended by order of the Supreme Court, 2006 OK 6, eff. January 30, 2006 (superseded document available).
- A. Videotapes, audio tapes, photographs, and other electronic or digital media products offered at trial are "exhibits" and must be endorsed on pleadings and exchanged with all other parties as specified in Rule 19(E)(F). The exhibits are to be exchanged among the parties and not filed with the Court prior to the trial date.
- B. The party sponsoring or offering the exhibit shall prepare and provide copies for all opposing parties at its expense.
- C. An opposing party who receives the exhibit shall be deemed to waive any objection as to identification or authentication of such evidence, unless, within ten (10) days of receipt thereof, said party objects in writing to the sponsoring party.
- D. A party may present the exhibit to the Court appointed independent medical examiner or Court appointed vocational evaluator for review only if approved by order of the Court, prior to its submission to the independent medical examiner or vocational evaluator. If presentation of such evidence to the independent medical examiner or Court appointed vocational evaluator is not by agreement of all parties, the party wishing to present same shall request a Prehearing Conference.
- E. The charges of the independent medical examiner for reviewing the exhibits for preparation of reports or at a deposition or for review in preparation for a deposition are subject to and controlled by Rule 44.
- F. A party who obtains a Court order to present the exhibits to the independent medical examiner must provide copies of said evidence to all parties for their review at least three (3) calendar days before presentation to the independent medical examiner.
- G. If a party is found to have willfully violated the provisions of this rule, the Court may exclude the party's exhibits, the independent medical examiner's report and/or deposition, and may impose other appropriate penalties or sanctions requested by opposing parties.
Adopted by order of the Supreme Court,