Okla. Stat. tit. 22, § 22-340

disclosure of transcript - Who may be present.

A. The grand jury may at all reasonable times ask the advice of

the court or of the district attorney. In no event shall the grand

jury be advised as to the sufficiency or insufficiency of the

evidence necessary to return a true bill, in a matter under

investigation before them. The district attorney, with or without a

regularly appointed assistant district attorney individually or

collectively, or if the district attorney and all of his or her

assistants are disqualified for any reason, a district attorney or

assistant district attorney from another district, appointed by the

Attorney General of Oklahoma pursuant to Sections 215.9 and 215.13

of Title 19 of the Oklahoma Statutes, and where proper, the Attorney

General, or an assistant attorney general, may at all times appear

before the grand jury for the purpose of giving information or

advice relative to any matter cognizable before them and may

interrogate witnesses before them whenever he or she thinks it

necessary. A qualified court reporter shall be present and take the

testimony of all witnesses.

B. Upon request, a grand jury transcript of the testimony or

any portion thereof shall be made available to the attorney for the

accused , the district attorney, assistant district attorney, the

Attorney General, or an assistant attorney general, at the expense

of the requesting party or officer. In the event of an indigent

accused, the expense for the transcript shall be borne by the state

in the same manner and from the same funds as indigent

representation. Any attorney or other person who obtains a copy of

a grand jury transcript shall be prohibited from disclosing its

contents to any person other than his or her attorney in the

criminal proceeding, related asset forfeiture proceeding, or removal

proceeding. A transcript obtained pursuant to this subsection shall

not be used for any purpose other than in proceedings relating to

the grand jury testimony, civil asset forfeiture proceedings related

to an indictment from the grand jury, or an accusation for removal

of a public official from the grand jury, or in preparation for

those proceedings, without good cause shown supported by clear and

convincing evidence after written motion and hearing before the

judge presiding over the grand jury.

Oklahoma Statutes - Title 22. Criminal Procedure Page 162

The prosecutor serving as a legal advisor to the grand jury

shall receive timely notice of the motion and hearing and be allowed

an opportunity to object to any order of release of grand jury

transcripts. The pleadings relating to a request for grand jury

transcripts shall be sealed and any hearing held pursuant to a

request for grand jury transcripts shall be closed to the public

unless the presiding judge of the grand jury finds that the public

interest in unsealing the pleadings or opening the hearing to the

public outweighs the public interest in maintaining the secrecy of

the grand jury investigation.

Except in a civil asset forfeiture proceeding related to a grand

jury indictment, an attorney who obtains a copy of a grand jury

transcript pursuant to this subsection shall be precluded from

representing any party in a civil case related to the grand jury

testimony or using the grand jury transcripts to the benefit or

detriment of a party in a civil proceeding.

Nothing in this subsection shall prohibit the Attorney General

or a district attorney from prosecuting an indictment or accusation

for removal while his or her office is or has been engaged in

related civil litigation, provided that the grand jury transcripts

or their contents are not provided or disclosed to the staff of the

Attorney General or district attorney involved in the civil

litigation. Nor does this subsection prohibit the attorney for the

accused, district attorney, assistant district attorney, the
ccusation

for removal while his or her office is or has been engaged in

related civil litigation, provided that the grand jury transcripts

or their contents are not provided or disclosed to the staff of the

Attorney General or district attorney involved in the civil

litigation. Nor does this subsection prohibit the attorney for the

accused, district attorney, assistant district attorney, the

Attorney General, or an assistant attorney general from providing to

a witness the transcribed grand jury testimony of that witness for

the sole purpose of preparing the witness for his or her subsequent

testimony at a trial or hearing arising out of a grand jury

indictment, accusation for removal, or civil asset forfeiture action

related to a grand jury indictment. The witness who is provided a

transcript of his or her testimony shall be subject to the same

restrictions on disclosure as any other person.

Violation of this subsection shall be a misdemeanor and may also

be punishable as contempt.

C. No other person is permitted to be present during sessions

of the grand jury except the members of the grand jury, the witness

actually under examination, and one attorney representing such

witness, except that an interpreter, when necessary, may be present

during the interrogation of a witness; provided that, no person,

except the members of the grand jury, shall be permitted to be

present during the expression of juror opinions or the giving of

votes upon any matter before the grand jury; provided further that

neither the district attorney, nor an assistant district attorney,

may be present or participate in an official capacity, as herein

provided, during an investigation by the grand jury of the district

attorney's office, or of any person officially associated with said

office.

Oklahoma Statutes - Title 22. Criminal Procedure Page 163

R.L. 1910, § 726. Amended by Laws 1961, p. 236, § 1; Laws 1965, c.

532, § 1; Laws 1967, c. 226, § 1, emerg. eff. May 2, 1967; Laws

1974, c. 60, § 1; Laws 1989, c. 179, § 3, eff. Nov. 1, 1989; Laws

1999, c. 147, § 1, emerg. eff. May 3, 1999; Laws 2025, c. 333, § 1,

eff. Nov. 1, 2025.