Below is a link to a decision of the Oklahoma Court of Civil
Appeals, along with a link to yesterday’s order by the Oklahoma Supreme Court,
giving the decision precedential effect under Oklahoma Supreme Court Rule
1.200.
The Court of Civil Appeals decision addresses the summary
judgment standard. Among other things, the Court of Civil Appeals states:
“Title 12 O.S. 2056 (2011) governs the procedure for summary judgment.”
[para. 5.]
I have not previously seen any action by the Oklahoma
Supreme Court that could be viewed as adopting the view that Section 2056
governs the summary judgment process. There has been some speculation
that Section 2056 is vulnerable based on the Oklahoma Supreme Court’s own
jurisprudence on summary process, based on state constitutional law, adopting
standards less favorable to summary judgment than the federal courts.
I might be the only one to focus on this narrow aspect of
the decision.
