Okla. Stat. tit. 12, § 12-3230

A. WHEN DEPOSITIONS MAY BE TAKEN; WHEN LEAVE REQUIRED.

1. A party may take the testimony of any person, including a

party, by deposition upon oral examination without leave of court

except as provided in paragraph 2 of this subsection. The

attendance of witnesses may be compelled by subpoena as provided in

Section 2004.1 of this title.

2. a. A party shall obtain leave of court, if the person to

be examined is confined in prison, or if, without the

written stipulation of the parties:

(1) the person to be examined already has been

deposed in the case, or

(2) a party seeks to take a deposition prior to the

expiration of thirty (30) days after service of

the summons and petition upon any defendant

unless the notice contains a certification, with

supporting facts, that the person to be examined

is expected to leave this state and will be

unavailable for examination in this state unless

deposed before that time.

b. A request for leave of court shall include a statement

that the requesting party has in good faith conferred

or attempted to confer either in person or by

telephone with the opposing parties to obtain a

written stipulation.

3. Unless otherwise agreed by the parties or ordered by the

court, a deposition upon oral examination shall not last more than

six (6) hours and shall be taken only between the hours of 8:00 a.m.

and 5:00 p.m. on a day other than a Saturday or Sunday and on a date

other than a holiday designated in Section 82.1 of Title 25 of the

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Oklahoma Statutes. The court may grant an extension of these time

limits if the court finds that the witness or counsel has been

obstructive or uncooperative or if the court finds it to be in the

interest of justice.

B. PLACE WHERE WITNESS OR PARTY IS REQUIRED TO ATTEND TAKING OF

DEPOSITIONS.

1. A witness shall be obligated to attend to give a deposition

only in the county of his or her residence, a county adjoining the

county of his or her residence or the county where he or she is

located when the subpoena is served.

2. A party, in addition to the places where a witness may be

deposed, may be deposed in the county where the action is pending or

the county where he or she is located when the notice is served.

C. NOTICE OF EXAMINATION; GENERAL REQUIREMENTS; SPECIAL NOTICE;

NONSTENOGRAPHIC RECORDING; PRODUCTION OF DOCUMENTS AND THINGS;

DEPOSITION OF ORGANIZATION; DEPOSITION BY TELEPHONE.

1. A party desiring to take the deposition of any person upon

oral examination shall give notice in writing to every other party

to the action. The notice shall state the time and place for taking

the deposition and shall state the name and address of each person

to be examined, if known, and, if the name is not known, a general

description sufficient to identify the person or the particular

class or group to which the person belongs. The notice shall be

served in order to allow the adverse party sufficient time, by the

usual route of travel, to attend, and three (3) days for

preparation, exclusive of the day of service of the notice.

If a subpoena duces tecum is to be served on the person to be

examined, the designation of the materials to be produced, as set

forth in the subpoena, shall be attached to or included in the

notice.

2. The court may for cause shown enlarge or shorten the time

for taking the deposition and for notice of taking the deposition.

3. a. The parties may stipulate in writing or the court may

upon motion order that the testimony at a deposition

be recorded by other than stenographic means. Unless

good cause is shown to the contrary, such motions

shall be freely granted. The stipulation or order

shall designate the person before whom the deposition

shall be taken, the manner of recording, preserving,

and filing the deposition, and may include other

provisions to assure that the recorded testimony will
the testimony at a deposition

be recorded by other than stenographic means. Unless

good cause is shown to the contrary, such motions

shall be freely granted. The stipulation or order

shall designate the person before whom the deposition

shall be taken, the manner of recording, preserving,

and filing the deposition, and may include other

provisions to assure that the recorded testimony will

be accurate and trustworthy. If the deposition is

recorded by other than stenographic means, the party

taking the deposition shall upon request by any party

or the witness furnish a copy of the deposition to the

witness. The party taking the deposition may furnish

either a stenographic copy of the deposition or a copy

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of the deposition as recorded by other than

stenographic means.

b. Any recording of testimony other than by stenographic

means shall begin with an on-the-record statement that

shall include: the recording officer’s name and

business address; the date, time and place of the

deposition; the deponent’s name; and the identity of

all persons present at the deposition. The recording

shall also include the administration of the oath or

affirmation to the deponent. The appearance or

demeanor of the deponent and attorneys shall not be

distorted through recording techniques.

c. Any objections under subsection D of this section, any

changes made by the witness, the signature of the

witness identifying the deposition as his or her own

or the statement of the officer that is required if

the witness does not sign, as provided in subsection F

of this section, and the certification of the officer

required by subsection G of this section shall be set

forth in a writing to accompany a deposition recorded

by nonstenographic means.

d. Any party may designate in a notice of deposition, or

in a counter-notice of deposition, another method for

recording the testimony in addition to stenographic

means. The party designating another method of

recording shall bear the expense of the additional

record unless the court orders otherwise.

4. The notice to a party deponent may be accompanied by a

request made in compliance with Section 3234 of this title for the

production of documents and tangible things at the taking of the

deposition. The procedure of Section 3234 of this title shall apply

to the request.

5. A party may in the notice and in a subpoena name as the

deponent a public or private corporation or a partnership or

association or governmental agency and describe with reasonable

particularity the matters on which examination is requested. In

that event, the organization so named shall designate one or more

officers, directors, or managing agents, or other persons who

consent to testify on its behalf, and may set forth, for each person

designated, the matters on which that person will testify. Such

designation of persons to testify and the subject of the testimony

shall be delivered to the other party or parties prior to or at the

commencement of the taking of the deposition of the organization. A

subpoena shall advise a nonparty organization of its duty to make

such a designation. The persons so designated shall testify as to

matters known or reasonably available to the organization.

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This paragraph does not preclude taking a deposition by any

other procedure authorized in the Oklahoma Discovery Code.

6. The parties may stipulate in writing or the court may upon

motion order that a deposition be taken by telephone or other remote

electronic means. For the purposes of this section, subsection A of

Section 3228, and paragraphs 1 of subsections A and B of Section

3237 of this title, a deposition taken by such means is taken in the

county and state and at the place where the deponent is to answer

questions.

D. EXAMINATION AND CROSS-EXAMINATION; RECORD OF EXAMINATION;
hat a deposition be taken by telephone or other remote

electronic means. For the purposes of this section, subsection A of

Section 3228, and paragraphs 1 of subsections A and B of Section

3237 of this title, a deposition taken by such means is taken in the

county and state and at the place where the deponent is to answer

questions.

D. EXAMINATION AND CROSS-EXAMINATION; RECORD OF EXAMINATION;

OATH; OBJECTIONS. Examination and cross-examination of witnesses

may proceed as permitted at the trial under the provisions of

Section 2101 et seq. of this title except Section 2104. The officer

before whom the deposition is to be taken shall put the witness on

oath or affirmation and shall personally, or by someone acting under

his or her direction and in his or her presence, record the

testimony of the witness. The testimony shall be taken

stenographically or recorded by any other method authorized by

paragraph 3 of subsection C of this section.

All objections made at the time of the examination to the

qualifications of the officer taking the deposition, to the manner

of taking it, to the evidence presented, to the conduct of any

party, or to any other aspect of the proceedings shall be noted by

the officer upon the record of the deposition; however, the

examination shall proceed, with the testimony being taken subject to

the objections.

In lieu of participating in the oral examination, parties may

serve written questions in a sealed envelope on the party taking the

depositions and that party shall transmit them to the officer, who

shall propound them to the witness and record the answers verbatim.

E. MOTION TO TERMINATE OR LIMIT EXAMINATION.

1. Any objection to evidence during a deposition shall be

stated concisely and in a nonargumentative and nonsuggestive manner.

A party may instruct a deponent not to answer only when necessary to

preserve a privilege or work product protection, to enforce a

limitation on evidence directed by the court, to present a motion

under paragraph 2 of this subsection, or to move for a protective

order under subsection C of Section 3226 of this title. If the

court finds a person has engaged in conduct which has frustrated the

fair examination of the deponent, it may impose upon the persons

responsible an appropriate sanction, including the reasonable costs

and attorney fees incurred by any parties as a result thereof.

2. At any time during the taking of the deposition, on motion

of a party or of the deponent and upon a showing that the

examination is being conducted in bad faith or in such manner as

unreasonably to annoy, embarrass or oppress the deponent or party,

the court in which the action is pending or the court in the county

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where the deposition is being taken may order the officer conducting

the examination to cease taking the deposition, or may limit the

scope and manner of the taking of the deposition as provided in

subsection C of Section 3226 of this title. If the order entered

terminates the examination, it shall be resumed thereafter only upon

the order of the court in which the action is pending. Upon demand

of the objecting party or deponent, the taking of the deposition

shall be suspended for the time necessary to make a motion for the

order provided for in this section. The provisions of paragraph 4

of subsection A of Section 3237 of this title apply to the award of

expenses incurred in relation to the motion.

F. REVIEW BY WITNESS; CHANGES; SIGNING. The deponent shall

have the opportunity to review the transcript of the deposition

unless such examination and reading are waived by the deponent and

by the parties. After being notified by the officer that the

transcript is available, the deponent shall have thirty (30) days in

which to review it and, if there are changes in form or substance,

to sign a statement reciting such changes and the reasons given by
have the opportunity to review the transcript of the deposition

unless such examination and reading are waived by the deponent and

by the parties. After being notified by the officer that the

transcript is available, the deponent shall have thirty (30) days in

which to review it and, if there are changes in form or substance,

to sign a statement reciting such changes and the reasons given by

the deponent for making them. The officer shall indicate in the

certificate prescribed by paragraph 1 of subsection G of this

section whether any review was requested and, if so, shall append

any changes made by the deponent during the period allowed.

G. CERTIFICATION AND FILING BY OFFICER; EXHIBITS; COPIES;

NOTICE OF FILING.

1. The officer shall certify on any stenographic deposition:

a. the qualification of the officer to administer oaths,

including the officer’s certificate number,

b. that the witness was duly sworn by the officer,

c. that the deposition is a true record of the testimony

given by the witness, and

d. that the officer is not a relative or employee or

attorney or counsel of any of the parties, or a

relative or employee of the attorney or counsel, and

is not financially interested in the action.

Except on order of the court or unless a deposition is attached

to a motion response thereto, is needed for use in a trial or

hearing, or the parties stipulate otherwise, depositions shall not

be filed with the court clerk. The officer shall securely seal any

stenographic deposition in an envelope endorsed with the title of

the action and marked "Deposition of (here insert name of witness)"

and send it to the attorney who arranged for the deposition, who

shall store it under conditions that will protect it against loss,

destruction, tampering, or deterioration.

Documents and things produced for inspection during the

examination of the witness shall, upon the request of a party, be

marked for identification and annexed to the deposition and may be

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inspected and copied by any party. If the person producing the

materials desires to retain them he may:

a. Offer copies to be marked for identification and

annexed to the deposition and to serve as originals if

he affords to all parties fair opportunity to verify

the copies by comparison with the originals, or

b. Offer the originals to be marked for identification,

after giving to each party an opportunity to inspect

and copy them, in which event the materials may then

be used in the same manner as if annexed to the

deposition. Any party may move for an order that the

original be annexed to and returned with the

deposition to the court, pending final disposition of

the case.

2. Each attorney who takes the deposition of a witness or of a

party shall bear all expenses thereof, including the cost of

transcription, and shall furnish upon request to the adverse party

or parties, free of charge, one copy of the transcribed deposition.

If the party taking the deposition recorded it on videotape or by

other nonstenographic means, that party shall also furnish upon

request to the adverse party or parties, free of charge, one copy of

the videotape or other recording of the deposition.

H. FAILURE TO ATTEND OR TO SERVE SUBPOENA; EXPENSES.

1. If the party giving the notice of the taking of a deposition

fails to attend and proceed therewith and another party attends in

person or by attorney pursuant to the notice, the court may order

the party giving the notice to pay to the other party the reasonable

expenses incurred by the attending party and his or her attorney in

attending, including reasonable attorney fees.

2. If the party giving the notice of the taking of a deposition

of a witness fails to serve a subpoena upon the witness and the

witness because of such failure does not attend, and if another

party attends in person or by attorney because he or she expects the
rty the reasonable

expenses incurred by the attending party and his or her attorney in

attending, including reasonable attorney fees.

2. If the party giving the notice of the taking of a deposition

of a witness fails to serve a subpoena upon the witness and the

witness because of such failure does not attend, and if another

party attends in person or by attorney because he or she expects the

deposition of that witness to be taken, the court may order the

party giving the notice to pay to such other party the reasonable

expenses incurred by that party and his or her attorney in

attending, including reasonable attorney fees.

I. WITNESS FEES.

1. The attendance and travel fees for a witness shall be paid

as provided in Section 400 of this title.

2. A party deponent must attend the taking of a deposition

without the payment or tender of attendance or travel fees.

J. TAXING OF COSTS OF DEPOSITIONS. The cost of transcription

of a deposition, as verified by the statement of the certified court

reporter, the fees of the sheriff for serving the notice to take

depositions and fees of witnesses shall each constitute an item of

costs to be taxed in the case in the manner provided by law. The

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court may upon motion of a party retax the costs if the court finds

the deposition was unauthorized by statute or unnecessary for

protection of the interest of the party taking the deposition.