Okla. Stat. tit. 12, § 12-2004.1

SUBPOENA

A. SUBPOENA; FORM; ISSUANCE.

1. Every subpoena shall:

a. state the name of the court from which it is issued

and the title of the action, and

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b. command each person to whom it is directed to attend

and give testimony or to produce and permit

inspection, copying, testing or sampling of designated

books, documents, electronically stored information or

tangible things in the possession, custody or control

of that person, or to permit inspection of premises,

at a time and place therein specified. A subpoena may

specify the form or forms in which electronically

stored information is to be produced.

2. A subpoena shall issue from the court where the action is

pending, and it may be served at any place within the state.

a. Deposition in Action Pending Outside of This State.

If the action is pending outside of this state, the

district court for the county in which the deposition

is to be taken shall issue the subpoena and, upon

application, any other order or process that may be

appropriate in aid of discovery in that action. Proof

of service of a notice to take deposition constitutes

a sufficient authorization for the issuance of

subpoenas for the persons named or described therein,

b. Subpoena for Production or Inspection in Action

Pending Outside of This State.

If the action is pending outside of this state, the

district court for the county in which the production

or inspection is to be made shall issue a subpoena for

production or inspection as provided in subparagraph b

of paragraph 1 of subsection A of this section, if

separate from a subpoena commanding the attendance of

a person, and upon application, any other order or

process that may be appropriate in aid of discovery in

that action. Proof of service of a notice of request

for production of documents without a deposition

constitutes a sufficient authorization for the

issuance of a subpoena for production or inspection,

and

c. Judicial Assistance or Review Available.

Any person seeking an order or process in aid of

discovery or any person aggrieved by the issuance or

enforcement of a subpoena issued in aid of discovery

for an action pending outside of this state may obtain

judicial assistance or review upon the filing of a

civil action and payment of required fees.

3. A witness shall be obligated upon service of a subpoena to

attend a trial or hearing at any place within the state and to

attend a deposition or produce or allow inspection of documents at a

location that is authorized by subsection B of Section 3230 of this

title.

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4. The clerk shall issue a subpoena, or a subpoena for the

production of documentary evidence, signed and sealed but otherwise

in blank, to a party requesting it, who shall fill it in before

service. As an officer of the court, an attorney authorized to

practice law in this state may also issue and sign a subpoena on

behalf of a court of this state.

5. Leave of court for issuance of a subpoena for the production

of documentary evidence shall be required if the plaintiff seeks to

serve a subpoena for the production of documentary evidence on any

person who is not a party prior to the expiration of thirty (30)

days after service of the summons and petition upon any defendant.

6. Notwithstanding any other provision of law, a court clerk of

this state shall not be subject to a subpoena in matters relating to

court records unless the court makes a specific finding that the

appearance and testimony of the court clerk are both material and

necessary because of a written objection to the introduction of the

court records made by a party prior to trial.

B. 1. SERVICE. Service of a subpoena upon a person named

therein shall be made by delivering or mailing a copy thereof to

such person and, if the person's attendance is demanded, by
akes a specific finding that the

appearance and testimony of the court clerk are both material and

necessary because of a written objection to the introduction of the

court records made by a party prior to trial.

B. 1. SERVICE. Service of a subpoena upon a person named

therein shall be made by delivering or mailing a copy thereof to

such person and, if the person's attendance is demanded, by

tendering to that person the fees for one (1) day's attendance and

the mileage allowed by law. Service of a subpoena may be

accomplished by any person who is eighteen (18) years of age or

older. A copy of any subpoena that commands production of documents

and things or inspection of premises before trial shall be served on

each party in the manner prescribed by subsection B of Section 2005

of this title. If the subpoena commands production of documents and

things or inspection of premises from a nonparty before trial but

does not require attendance of a witness, the subpoena shall specify

a date for the production or inspection that is at least seven (7)

days after the date that the subpoena and copies of the subpoena are

served on the witness and all parties, and the subpoena shall

include the following language: "In order to allow objections to

the production of documents and things to be filed, you should not

produce them until the date specified in this subpoena, and if an

objection is filed, until the court rules on the objection."

2. Service of a subpoena by mail may be accomplished by mailing

a copy thereof by certified mail with return receipt requested and

delivery restricted to the person named in the subpoena. The person

serving the subpoena shall make proof of service thereof to the

court promptly and, in any event, before the witness is required to

testify at the hearing or trial. If service is made by a person

other than a sheriff or deputy sheriff, such person shall make

affidavit thereof. If service is by mail, the person serving the

subpoena shall show in the proof of service the date and place of

mailing and attach a copy of the return receipt showing that the

mailing was accepted. Failure to make proof of service does not

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affect the validity of the service, but service of a subpoena by

mail shall not be effective if the mailing was not accepted by the

person named in the subpoena. Costs of service shall be allowed

whether service is made by the sheriff, the sheriff’s deputy, or any

other person. When the subpoena is issued on behalf of a state

department, board, commission, or legislative committee, fees and

mileage shall be paid to the witness at the conclusion of the

testimony out of funds appropriated to the state department, board,

commission, or legislative committee.

C. PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

1. A party or an attorney responsible for the issuance and

service of a subpoena shall take reasonable steps to avoid imposing

undue burden or expense on a person subject to that subpoena. The

court on behalf of which the subpoena was issued shall enforce this

duty and impose upon the party or attorney, or both, in breach of

this duty an appropriate sanction, which may include, but is not

limited to, lost earnings and a reasonable attorney fee.

2. a. A person commanded to produce and permit inspection,

copying, testing or sampling of designated books,

papers, documents, electronically stored information

or tangible things, or inspection of premises need not

appear in person at the place of production or

inspection unless commanded to appear for deposition,

hearing or trial.

b. Subject to paragraph 2 of subsection D of this

section, a person commanded to produce and permit

inspection, copying, testing or sampling or any party

may, within fourteen (14) days after service of the

subpoena or before the time specified for compliance

if such time is less than fourteen (14) days after
duction or

inspection unless commanded to appear for deposition,

hearing or trial.

b. Subject to paragraph 2 of subsection D of this

section, a person commanded to produce and permit

inspection, copying, testing or sampling or any party

may, within fourteen (14) days after service of the

subpoena or before the time specified for compliance

if such time is less than fourteen (14) days after

service, serve written objection to inspection,

copying, testing or sampling of any or all of the

designated materials or of the premises, or to

producing electronically stored information in the

form or forms requested. An objection that all or a

portion of the requested material will or should be

withheld on a claim that it is privileged or subject

to protection as trial preparation materials shall be

made within this time period and in accordance with

subsection D of this section. If the objection is

made by the witness, the witness shall serve the

objection on all parties; if objection is made by a

party, the party shall serve the objection on the

witness and all other parties. If objection is made,

the party serving the subpoena shall not be entitled

to inspect, copy, test or sample the materials or

inspect the premises except pursuant to an order of

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the court by which the subpoena was issued. For

failure to object in a timely fashion, the court may

assess reasonable costs and attorney fees or take any

other action it deems proper; however, a privilege or

the protection for trial preparation materials shall

not be waived solely for a failure to timely object

under this section. If objection has been made, the

party serving the subpoena may, upon notice to the

person commanded to produce, move at any time for an

order to compel the production. Such an order to

compel production shall protect any person who is not

a party or an officer of a party from significant

expense resulting from the inspection and copying

commanded.

3. a. On timely motion, the court by which a subpoena was

issued shall quash or modify the subpoena if it:

(1) fails to allow reasonable time for compliance,

(2) requires a person to travel to a place beyond the

limits allowed under paragraph 3 of subsection A

of this section,

(3) requires disclosure of privileged or other

protected matter and no exception or waiver

applies,

(4) subjects a person to undue burden, or

(5) requires production of books, papers, documents

or tangible things that fall outside the scope of

discovery permitted by Section 3226 of this

title.

b. If a subpoena:

(1) requires disclosure of a trade secret or other

confidential research, development, or commercial

information, or

(2) requires disclosure of an unretained expert's

opinion or information not describing specific

events or occurrences in dispute and resulting

from the expert's study made not at the request

of any party,

the court may, to protect a person subject to or

affected by the subpoena, quash or modify the

subpoena. However, if the party in whose behalf the

subpoena is issued shows a substantial need for the

testimony or material that cannot be otherwise met

without undue hardship and assures that the person to

whom the subpoena is addressed will be reasonably

compensated, the court may order appearance or

production only upon specified conditions.

D. DUTIES IN RESPONDING TO SUBPOENA.

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1. a. A person responding to a subpoena to produce documents

shall produce them as they are kept in the usual

course of business or shall organize and label them to

correspond with the categories in the demand.

b. If a subpoena does not specify the form or forms for

producing electronically stored information, a person

responding to a subpoena shall produce the information

in a form or forms in which the person ordinarily
ubpoena to produce documents

shall produce them as they are kept in the usual

course of business or shall organize and label them to

correspond with the categories in the demand.

b. If a subpoena does not specify the form or forms for

producing electronically stored information, a person

responding to a subpoena shall produce the information

in a form or forms in which the person ordinarily

maintains it or in a form or forms that are reasonably

usable.

c. A person responding to a subpoena is not required to

produce the same electronically stored information in

more than one form.

d. A person responding to a subpoena is not required to

provide discovery of electronically stored information

from sources that the person identifies as not

reasonably accessible because of undue burden or cost.

If such showing is made, the court may order discovery

from such sources if the requesting party shows good

cause, considering the limitations of subparagraph c

of paragraph 2 of subsection B of Section 3226 of this

title. The court may specify conditions for the

discovery.

2. a. When information subject to a subpoena is withheld on

a claim that it is privileged or subject to protection

as trial preparation materials, the claim shall be

made expressly and shall be supported by a description

of the nature of the documents, communications, or

things not produced that is sufficient to enable the

demanding party to contest the claim.

b. If information is produced in response to a subpoena

that is subject to a claim or privilege or of

protection as trial preparation material, the person

making the claim may notify any party that received

the information of the claim and the basis for such

claim. After being notified, a party shall promptly

return, sequester, or destroy the specified

information and any copies the party has and may not

use or disclose the information until the claim is

resolved. A receiving party may promptly present the

information to the court under seal for a

determination of the claim. If the receiving party

disclosed the information before being notified, such

shall take reasonable steps to retrieve the

information. The person who produced the information

shall preserve the information until the claim is

resolved. This mechanism is procedural only and does

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not alter the standards governing whether the

information is privileged or subject to protection as

trial preparation material or whether such privilege

or protection has been waived.

E. CONTEMPT.

Failure by any person without adequate excuse to obey a subpoena

served upon him or her may be deemed a contempt of the court from

which the subpoena issued.