Okla. Stat. tit. 22, § 22-722
This is the official text of Okla. Stat. tit. 22, § 22-722, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Summoning witness in this state to testify in another
Official statutory text
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 grand jury investigation has commenced or is about to
commence, that a person being within this state is a material
witness in such prosecution, or grand jury investigation, and that
his presence will be required for a specified number of days, upon
presentation of such certificate to any judge of a court of record
in the county in which such person is, such judge shall fix a time
and place for a hearing, and shall make an order directing the
witness to appear at a time and place certain for the hearing.
B. If at a hearing the judge determines that the witness is
material and necessary, that it will not cause undue hardship to the
witness to be compelled to attend and testify in the prosecution or
a grand jury investigation in the other state, and that the laws of
the state in which the prosecution is pending, or grand jury
investigation has commenced or is about to commence, (and of any
other state through which the witness may be required to pass by
ordinary course of travel), will give to him protection from arrest
Oklahoma Statutes - Title 22. Criminal Procedure Page 225
and the service of civil and criminal process, he shall issue a
summons, with a copy of the certificate attached, directing the
witness to attend and testify in the court where the prosecution is
pending, or where a grand jury investigation has commenced or is
about to commence at a time and place specified in the summons. In
any such hearing the certificate shall be prima facie evidence of
all the facts stated therein.
C. If said certificate recommends that the witness be taken
into immediate custody and delivered to an officer of the requesting
state to assure his attendance in the requesting state, such judge
may, in lieu of notification of the hearing, direct that such
witness be forthwith brought before him for said hearing; and the
judge at the hearing being satisfied of the desirability of such
custody and delivery, for which determination the certificate shall
be prima facie proof of such desirability may, in lieu of issuing
subpoena or summons, order that said witness be forthwith taken into
custody and delivered to an officer of the requesting state.
D. If the witness, who is summoned as above provided, after
being paid or tendered by some properly authorized person the
greater of the sum authorized by the law of the state to which the
witness must travel or the sum of fifteen cents ($0.15) a mile for
each mile by the ordinary traveled route to and from the court where
the prosecution is pending and Twelve Dollars ($12.00) for each day,
that he is required to travel and attend as a witness, fails without
good cause to attend and testify as directed in the summons, he
shall be punished in the manner provided for the punishment of any
witness who disobeys a summons issued from a court of record in this
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 grand jury investigation has commenced or is about to
commence, that a person being within this state is a material
witness in such prosecution, or grand jury investigation, and that
his presence will be required for a specified number of days, upon
presentation of such certificate to any judge of a court of record
in the county in which such person is, such judge shall fix a time
and place for a hearing, and shall make an order directing the
witness to appear at a time and place certain for the hearing.
B. If at a hearing the judge determines that the witness is
material and necessary, that it will not cause undue hardship to the
witness to be compelled to attend and testify in the prosecution or
a grand jury investigation in the other state, and that the laws of
the state in which the prosecution is pending, or grand jury
investigation has commenced or is about to commence, (and of any
other state through which the witness may be required to pass by
ordinary course of travel), will give to him protection from arrest
Oklahoma Statutes - Title 22. Criminal Procedure Page 225
and the service of civil and criminal process, he shall issue a
summons, with a copy of the certificate attached, directing the
witness to attend and testify in the court where the prosecution is
pending, or where a grand jury investigation has commenced or is
about to commence at a time and place specified in the summons. In
any such hearing the certificate shall be prima facie evidence of
all the facts stated therein.
C. If said certificate recommends that the witness be taken
into immediate custody and delivered to an officer of the requesting
state to assure his attendance in the requesting state, such judge
may, in lieu of notification of the hearing, direct that such
witness be forthwith brought before him for said hearing; and the
judge at the hearing being satisfied of the desirability of such
custody and delivery, for which determination the certificate shall
be prima facie proof of such desirability may, in lieu of issuing
subpoena or summons, order that said witness be forthwith taken into
custody and delivered to an officer of the requesting state.
D. If the witness, who is summoned as above provided, after
being paid or tendered by some properly authorized person the
greater of the sum authorized by the law of the state to which the
witness must travel or the sum of fifteen cents ($0.15) a mile for
each mile by the ordinary traveled route to and from the court where
the prosecution is pending and Twelve Dollars ($12.00) for each day,
that he is required to travel and attend as a witness, fails without
good cause to attend and testify as directed in the summons, he
shall be punished in the manner provided for the punishment of any
witness who disobeys a summons issued from a court of record in this
state.
Status: in_force · Read it on the official government site
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