Craft v. Chopra, 907 P.2d 1109 (Okla. Civ. App. 1995). · Go Syfert
Craft v. Chopra, 907 P.2d 1109 (Okla. Civ. App. 1995). Cases Citing This Book View Copy Cite
30 citation events (25 in the last 25 years) across 8 distinct courts.
Strongest positive: QUINN VS. DIST. CT. (SINATRA) (nev, 2018-02-08)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) QUINN VS. DIST. CT. (SINATRA) (2×)
Nev. · 2018 · confidence medium
See, e.g., Colo. Mills, LLC v. SunOpta Grains & Foods, Inc., 269 P.3d 731, 732 (Colo. 2012) ("Colorado courts, as a matter of state sovereignty, have no authority to enforce civil subpoenas against out-of-state nonparties."); Attorney Grievance Comm'n of Md. v. Mixter, 109 A.3d 1, 9 (Md. 2015) ("[T]he subpoena powers of the State of Maryland stop at the state line." (internal quotation marks omitted)); Craft v. Chopra, 907 P.2d 1109, 1111-12 (Okla.
discussed Cited as authority (rule) QUINN VS. DIST. CT. (SINATRA)
Nev. · 2018 · confidence medium
See, e.g., Colo. Mills, LLC v. SunOpta Grains & Foods, Inc., 269 P.3d 731, 732 (Colo. 2012) ("Colorado courts, as a matter of state sovereignty, have no authority to enforce civil subpoenas against out-of-state nonparties."); Attorney Grievance Comm'n of Md. v. Mixter, 109 A.3d 1, 9 (Md. 2015) ("[T]he subpoena powers of the State of Maryland stop at the state line." (internal quotation marks omitted)); Craft v. Chopra, 907 P.2d 1109, 1111-12 (Okla.
discussed Cited as authority (rule) Yelp, Inc. v. Hadeed Carpet Cleaning
Va. · 2015 · confidence medium
Therefore, the power to compel a nonresident non-party to produce documents in Virginia or appear and give testimony in Virginia is not based on consideration of whether the nonresident non-party would be subject to the personal jurisdiction of a Virginia court if named as a defendant in a hypothetical lawsuit.10 See, e.g., In re National Contract Poultry Growers' Ass'n, 771 So.2d at 469 ("The fact that NCPGA may have sufficient contacts with the State of Alabama to 10 While the exercise of subpoena power over nonresident non-parties may certainly raise Due Process considerations, the issue be…
cited Cited as authority (rule) State ex rel. Suthers v. Tulips Investments, LLC
Colo. Ct. App. · 2012 · confidence medium
Those authorities were Syngenta Crop Prot., Inc. v. Monsanto Co., 908 So.2d 121, 127 (Miss.2005), and Craft v. Chopra, 907 P.2d 1109, 1111 (Okla.Civ.App.1995). .
discussed Cited as authority (rule) Colorado Mills, LLC v. Sunopta Grains & Foods Inc.
Colo. · 2012 · confidence medium
P'ship, 634 So.2d 1186, 1188 (La.1994) ("Whereas the long-arm statute extends Louisiana's personal jurisdiction over persons or legal entities beyond Louisiana's borders, there is no similar authority for extending the subpoena power of a Louisiana court beyond state lines to command in-state attendance of [out-of-state] - nonparty | witnesses."); Syngenta Crop Prot., Inc. v. Monsanto Co., 908 So.2d 121, 127 (Miss.2005) (finding no statutory authority that would allow the court to compel an out-of-state nonparty to appear in a Mississippi case or produce documents located outside of the state)…
examined Cited "see" PAYCOM PAYROLL v. BOODOOSINGH (6×)
Okla. Civ. App. · 2021 · signal: see · confidence high
See Craft v. Chopra, 1995 OK CIV APP 135, ¶ 5, 907 P.2d 1109 (determining the trial court's order granting "sanctions in the form of a money judgment . . . directing payment of money pendente lite . . . constitutes an interlocutory order appealable by right"). ¶15 The Craft Court directs that "while we may not reach the merits of the trial court's ruling on the [motion for protective order], we must nevertheless examine the basis and authority" for Defendant's motion for protective order "in order to reach the merits of the issue before us, i.e., the propriety of the trial court's order gran…
discussed Cited "see" Blue Tee Corp. v. Payne Well Drilling, Inc. (2×)
Okla. Civ. App. · 2005 · signal: see · confidence high
See Craft v. Chopra, 1995 OK CIV APP 135, ¶ 7 , 907 P.2d 1109, 1112 . ¶ 13 A trial court has “a broad spectrum of sanctions for abuse of the discovery process” and may “sanction a disobedient party by dismissal of its claim or by a default judgment.” Payne , ¶ 8, ¶ 9 at 1092, 1093; 12 O.S.Supp.2002 § 3237(B)(2)(c).
cited Cited "see, e.g." Syngenta Crop Protection, Inc. v. Monsanto Co.
Miss. · 2005 · signal: see, e.g. · confidence medium
See, e.g., Craft v. Chopra, 907 P.2d 1109, 1111 (Okla.App.1995); Phillips Petroleum Co. v. OKC Ltd.
cited Cited "see, e.g." Syngenta Crop Protection, Inc. v. Monsanto Company
Miss. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Craft v. Chopra, 907 P.2d 1109, 1111 (Okla.App. 1995); Phillips Petroleum Co. v. OKC Ltd.
cited Cited "see, e.g." English v. ConAgra, Inc.
Ala. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Craft v. Chopra, 907 P.2d 1109, 1111 (Okla.App.1995); Phillips Petroleum Co. v. OKC Ltd.
cited Cited "see, e.g." In Re National Contract Poultry Growers'
Ala. · 2000 · signal: see, e.g. · confidence low
See, e.g., Craft v. Chopra , 907 P.2d 1109 , 1111 (Okla.App. 1995); Phillips Petroleum Co. v. OKC Ltd.
cited Cited "see, e.g." McCoy v. Black
Okla. Civ. App. · 1997 · signal: see also · confidence low
See also, Craft v. Chopra, 1995 OK CIV AFP 135, 907 P.2d 1109 (order granting money judgment as discovery sanction constitutes interlocutory order ap-pealable by right).
Retrieving the full opinion text from the archive…
Margaret K. CRAFT, Appellant,
v.
Yash CHOPRA, M.D., an Individual, Baptist Medical Center of Oklahoma, an Oklahoma Health Care Corporation, and Northwest Anesthesia, an Oklahoma Partnership, Defendants, and Sharpstown General Hospital, Appellee
84822.
Court of Civil Appeals of Oklahoma.
Oct 31, 1995.
907 P.2d 1109
1995 Okla. Civ. App. LEXIS 116
1995 WL 722245
C.C. Smith, Angela K. Fenwick, Peterman, Smith & Associates, P.C., Edmond, for Appellant., Charles E. Geister, III, Ryan, Geister & Whaley, Oklahoma City, for Appellee.
Joplin, Jones, Garrett.
Cited by 17 opinions  |  Published

MEMORANDUM OPINION

JOPLIN, Judge:

Appellant Margaret K. Craft (Craft) seeks review of the trial court’s order granting sanctions in the form of a money judgment for attorney fees and expenses to Appellee Sharpstown General Hospital (SGH) after denial of Craft’s motion to compel production of documents. Herein, Craft asserts error of the trial court (1) in denying the motion to compel, and (2) in granting sanctions. We here hold the trial court did not err in granting judgment to SGH, and affirm.

Relevant hereto, Craft commenced the instant action against Defendants Yash Chopra, M.D. (Chopra), Baptist Medical Center of Oklahoma (BMC), and Northwest Anesthesia (NWA), alleging that Chopra sexually battered her in the course of administration of anesthesia preceding the delivery of Craft’s second child, that BMC and/or NWA knew of Chopra’s propensities in this regard, but that BMC concealed this and other facts concerning Chopra from Craft. During discovery, Craft learned that one or more of Chopra’s colleagues at BMC and/or NWA had written letters of recommendation on Chopra’s behalf to SGH, a hospital located in Texas, after Chopra sought privileges there.

Craft sought production of those letters of recommendation from SGH by certified mail service of a subpoena issued by the Oklahoma County Court Clerk on SGH in Texas.[*1111] SGH resisted, asserting that Oklahoma courts had no subpoena power to require SGH, a non-resident Texas witness, to produce documents. Craft filed a motion to compel and application for contempt citation, seeking to require SGH’s production of the requested documents. SGH again resisted, repeating the lack of jurisdiction of the Oklahoma courts to compel production of documents from SGH, a Texas entity with no contacts with Oklahoma, and by letter to Craft’s counsel, advised that SGH would seek reimbursement of costs and attorney fees for defense of the action if counsel did not abandon the meritless attempt.

The matter nevertheless proceeded to hearing. The trial court denied Craft’s motion to compel, and awarded SGH expenses incurred in the defense to the discovery action. SGH subsequently submitted a proposed journal entry, to which Craft objected. At an unrecorded hearing on a motion to settle journal entry, the trial court granted SGH judgment for about $2,900.00 against Craft and her counsel jointly, such sum representing those fees and costs incurred by SGH. Craft appeals.

As an initial matter, we note that insofar as the trial court did not certify the order denying the motion to compel as immediately appealable, the trial court’s order denying the motion to compel production of documents constitutes a non-appealable interlocutory order not subject to review at this time. 12 O.S.Supp.1993 § 994(A). However, insofar as the trial court granted sanctions in the form of a money judgment against Craft and her counsel directing payment of money pendente lite, the trial court’s order granting a money judgment to SGH constitutes an interlocutory order appealable by right, and our Supreme Court so held prior to assignment of the case to this Court for resolution. 12 O.S. § 993(A)(5). Thus, and while we may not reach the merits of the trial court’s ruling on the motion to compel, we must nevertheless examine the basis and authority for Craft’s request for production of documents from the non-party SGH in order to reach the merits of the issue before us, i.e., the propriety of the trial court’s order granting sanctions in the form of a money judgment against Craft and her counsel.

In that regard, Craft asserts the Oklahoma Discovery Code, 12 O.S. §§ 3224 and 3234, together with the Oklahoma Pleading Code, 12 O.S. §§ 2004 and 2004.1, permit the discovery of documents from non-resident non-parties by subpoena issued in the State of Oklahoma and properly served out-of-state so long as the non-resident has sufficient due process “minimum contacts” with the State of Oklahoma. See, e.g., World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S.Ct. 559, 62 L.Ed.2d 490 (1980); International Shoe Co. v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945). We readily distinguish these oft-cited cases, however, as enumerating constitutional due process requirements as to a party, more particularly a party defendant, not a witness as in the present case. We therefore find the cited authority inapplicable to the situation here.

We further find neither the Oklahoma Pleading Code, § 2004.1, nor the comments thereto, extend the reach of Oklahoma discovery process beyond the state boundaries. In fact, 12 O.S. § 2004.1(A)(1)(c) specifically permits service of subpoenas only “within the state,” and the commentary to that section reinforces the “statewide ” limits of the Oklahoma courts’ subpoena powers. See, 12 O.S.A. § 2004.1 (West, 1994). Moreover, nothing in the cited sections of the Oklahoma Discovery Code, in our view, expands the scope and reach of Oklahoma discovery process to the extent asserted by Craft, and authority from other jurisdictions clearly recognizes the intra-state limits of state court’s process powers. See, e.g., Ex parte Leverton, 536 So.2d 41 (Al.1988); Armstrong v. Hooker, 135 Ariz. 358, 661 P.2d 208 (App.1982); State v. Waits, 92 N.M. 275, 587 P.2d 53 (App.1978); In re Special Investigation No. 219, 52 Md.App. 17, 445 A.2d 1081 (1982); People v. Nieto, 33 Mich.App. 535, 190 N.W.2d 579 (1971). As the Maryland appellate court observed:

... [I]t is axiomatic that ‘in the absence of a statute, a state court cannot require the attendance of a witness who is a nonresident of and is absent from the state.’ ...
[*1112] Nor, absent statute, can the State compel a nonresident witness to produce records in the State.... ‘Obviously, the subpoena powers of the State ... stop at the state line.’ ”

In re Special Investigation No. 219, 445 A.2d at 1085.

Finding no statutory authority in either the Oklahoma Pleading Code or the Oklahoma Discovery Code contemplating extra-territorial effect of Oklahoma discovery process, we thus hold SGH entitled to costs and a reasonable attorney fee in defending Craft’s attempted discovery because Craft’s attempted discovery of documents by subpoena addressed to the non-resident SGH was not well-founded in fact or law. 12 O.S. § 2011; First National Bank & Trust Co. of Vinita v. Kissee, 859 P.2d 502 (Okla.1993). However, we cannot from the record before us say the trial court’s award is anything but reasonable. That is to say, upon denial of Craft’s motion to compel, the trial court announced its decision on the record awarding SGH reimbursement for expenses incurred. In response to Craft’s objection to the proposed journal entry presented by SGH, SGH submitted an affidavit of counsel enumerating the fees and expenses incurred, and the trial court entered judgment therefor at hearing on a motion to settle journal entry, but the parties did not have that hearing transcribed. In the absence of record to the contrary, we presume the court did not err and acted in accord with the evidence adduced. Mitchell v. Kimbrough, 491 P.2d 289 (Okla.1971) (trial court’s award or denial of attorney fees is presumed correct in the absence of record to the contrary.)

The order of the trial court granting judgment to SGH for costs and attorney fees is therefore AFFIRMED.

JONES, P.J. and GARRETT, C.J., concur.