Title 22 — Title 22 — Criminal Procedure

A subpoena, authorized by the last four sections, must be substantially in the following form: IN THE NAME OF THE STATE OF OKLAHOMA. To ......... , Greeting: You are commanded to appear before C. D., a justice of the peace of ........ at ....... (or the grand jury of the county o…

Every witness summoned in a criminal action pending in a district, superior or county court shall take notice of the postponements and continuances and when once summoned in such action shall, without further notice or summons, be in attendance upon such action, as such witness, …

The Legislature finds that: 1. Violence and abuse are often higher during pregnancy than during any other time in a woman’s lifetime; 2. Women are more likely to suffer increased abuse as a result of unintended pregnancies; 3. Younger women are at a higher risk for pregnancy-asso…

A. If the books, papers or documents be required, a direction to the following effect must be continued in the subpoena: And you are required also to bring with you the following: (Describe intelligently the books, papers or documents required). B. A subpoena duces tecum may be i…

A peace officer must serve in his county, city, town or village, as the case may be, any subpoena delivered to him for service, either on the part of the state or of the defendant, and must make a written return of the service, subscribed by him, stating the time and place of ser…

A. Service of subpoenas for witnesses in criminal actions in the district courts of this state shall be made in the same manner as in civil actions pursuant to Section 2004.1 of Title 12 of the Oklahoma Statutes. B. The cost of service of subpoenas shall be borne by the parties u…

clerks. A. No person is obliged to attend as a witness before a court or magistrate outside the county where the witness resides or is served with a subpoena, unless the judge of the court in which the offense is triable, upon an affidavit of the district attorney, or of the defe…

Disobedience to a subpoena, or a refusal to be sworn or to testify, may be punished by the court or magistrate, as for a criminal contempt, in the manner provided in civil procedure. R.L.1910, § 6022.

A witness disobeying a subpoena issued on the part of the defendant, also forfeits to the defendant the sum of Fifty Dollars ($50.00), which may be recovered in a civil action. R.L.1910, § 6023.

A witness who appears from another state to testify in this state in a criminal case or proceeding pursuant to a subpoena issued in accordance with the provisions of the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings, Section 721 et…

constitutional rights - Fees. Whenever any person shall be taken into custody by any law enforcement officer to be held as a material witness in any criminal investigation or proceeding, he shall, if not sooner released, be taken before a judge of the district court without unnec…

As used in this section: 1. "Another" means a person other than the pregnant woman; 2. "Deadly force" means force which, under the circumstances in which it is used, is readily capable of causing death or serious physical harm; 3. "Force" means violence, compulsion, or constraint…

A. If a law enforcement officer has probable cause to believe that a person is a necessary and material witness to a felony and that there is probable cause to believe that the person would be unwilling to accept service of a subpoena or may otherwise refuse to appear in any crim…

"Witness" as used in this act shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. The word "state" shall include any territory of the United States and the District of Columbia. T…

state. A. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies under the seal of such court that there is a criminal prosecution pending in such court, or that a gr…

state. A. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pe…

If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before…

This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. Laws 1949, p. 206, § 5.

This act may be cited as "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings". Laws 1949, p. 206, § 6.

If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provi…

This act shall be known and may be cited as the "Oklahoma Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings". Added by Laws 1989, c. 100, § 1, eff. Nov. 1, 1989.

As used in this act: 1. "Penal institution" means a jail, prison, penitentiary, house of correction, or other place of penal detention or place where the prisoner is required to reside or report in lieu of penal detention, including, but not limited to house arrest, half-way hous…

A. A pregnant woman is justified in using force or deadly force against another to protect her unborn child if: 1. Under the circumstances as the pregnant woman reasonably believes them to be, she would be justified in using force or deadly force to protect herself against the un…

and testify - Notice, order and hearings. A. A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify as follows: 1. There is …

certificate attached - Directions and prescriptions - Responsibilities of requesting jurisdiction. A. A judge may issue a transfer order if, at the hearing, the judge determines as follows: 1. The witness may be material and necessary to the proceeding; 2. His attendance and test…

return of witness - Effective date. A. An order to a witness and to a person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards for his custody, and reimbursement or prepayment by the requesting jurisdic…

This act does not apply to a person in this state who is confined due to mental illness or who is under sentence of death. Added by Laws 1989, c. 100, § 6, eff. Nov. 1, 1989.

prisoner to appear and testify - Contents - Presentation - Notice to attorney general of other state. A. If a person confined in a penal institution in any other state may be a material witness in a criminal proceeding pending in a court of record or in a grand jury investigation…

order from another state. A judge of the court in this state may enter an order directing compliance with the terms and conditions of an order specified in a certificate pursuant to Section 3 of this act and entered by the judge of the state in which the witness is confined. Adde…

If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or any other state, while in this state pursuant to the order, he shall not be subject to arrest or the service of civil or criminal process because …

This act shall be so construed as to effect its general purpose to make uniform the laws of those states which enact it. Added by Laws 1989, c. 100, § 10, eff. Nov. 1, 1989.

Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one or more overt acts be expressly alleged in the indictment or information, nor unless one or more of the acts alleged be proved; but any o…

A conviction cannot be had upon the testimony of an accomplice unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely show the commission of the offense or the cir…

Upon a trial for having, with an intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person to a written instrument, or having obtained from any person any money, personal property or valuable thing, the defendant cannot be convicte…

Upon a trial for inveigling, enticing or taking away an unmarried female of previous chaste character, under the age of twenty-five (25) years, for the purpose of prostitution, or aiding or assisting therein, or for having, under promise of marriage, seduced and had illicit conne…

Upon a trial for murder, the commission of the homicide by the defendant being proven, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only a…

Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate or other record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage in other cases, and when the second marriage took place ou…

trial for. Upon a trial for forgery any bill or note purporting to be a bill or note of an incorporated company or bank, or for passing or attempting to pass, or having in possession with intent to pass, any such forged bill or note, it is not necessary to prove the incorporation…

In cases of perjury, where the perjury is charged to have been committed in a court, it shall be sufficient to show that the oath was administered by any officer of the court authorized so to do, or that the defendant testified and gave his testimony as under oath, or if the ques…

officer of persons having knowledge of criminal offense - Use. A. In the investigation of a criminal offense, the district attorney or any peace officer may take the sworn statement of any person having knowledge of such criminal offense. Any person charged with a crime shall be …

1, eff. Sept. 1, 1992.

reports - Release of controlled dangerous substances - Compelled attendance in court of report preparers. A. At any hearing prior to trial or at a forfeiture hearing: 1. A report of the findings of the laboratory of the Oklahoma State Bureau of Investigation, the Federal Bureau o…

defendant. A. As used in this act: 1. "Deoxyribonucleic Acid (DNA)" means the molecules in all cellular forms that contain genetic information in a patterned chemical structure of each individual; and 2. "DNA Profile" means an analysis of DNA resulting in the identification of an…

22 O.S. § 752 Repealed by Laws 1993, c. 197, § 4, eff. Sept. 1, 1993

22 O.S. § 753 Repealed by Laws 2003, c. 405, § 11, eff. Nov. 1, 2003

When a defendant has been held to answer a charge for a public offense, the defendant or the State of Oklahoma may either before or after indictment or information, have witnesses examined conditionally on his behalf as prescribed in this article, and not otherwise. R.L. 1910, § …

When a material witness in any criminal case is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he will be unable to attend the trial, the defendant or the State of Oklahoma may apply for an order that the witness be examine…

Where the magistrate terminated the preliminary hearing pursuant to Section 258 of Title 21 of the Oklahoma Statutes and a witness subsequently refuses an interview with counsel for the opposing party, the defendant or the State of Oklahoma may apply for an order that the witness…

The application must be made upon affidavit stating: First. The nature of the offense charged. Second. The state of the proceedings in the action. Third. The name and residence of the witness, and that his testimony is material to the defense of the action. Fourth. That the witne…

The application may be made to the court or to a judge thereof, and must be made upon five (5) days notice to the counsel for the opposing party, if any. R.L. 1910, § 6028. Amended by Laws 1994, c. 292, § 8, eff. Sept. 1, 1994.