Effective November 1, 2012, Oklahoma's work-product protection will extend to certain communications with testifying experts. Following the 2010 revision to Fed. R. Civ. P. 26(b)(4), Section 3226(B)(4) is amended to extend work-product protection to communications between counsel and testifying experts except (1) communications regarding the expert's compensation, (2) facts or data provided to the expert, and (3) assumptions provided to the expert. With this amendment, lawyers going to trial in state court may engage in communications with their testifying experts with a lower risk of discoverability of those communications.
This amendment appears in SB941, signed by Gov. Fallin on April 2, 2012.