Okla. Stat. tit. 22, § 22-751

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 of Investigation

or the Drug Enforcement Administration;

2. The report of investigation or autopsy report of the medical

examiner;

3. A laboratory report from a forensic laboratory operated by

this state or any political subdivision thereof, or from a

laboratory performing analysis at the request of a forensic

laboratory operated by this state or any political subdivision

thereof;

4. A report from the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control or the electronic methamphetamine precursor

tracking service provider as set forth in the Uniform Controlled

Dangerous Substances Act as to the existence or status of any

license or permit to sell, transfer, or possess precursor substances

or any report containing data collected and required to be

Oklahoma Statutes - Title 22. Criminal Procedure Page 233

transmitted by a registrant to the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control Central Repository pursuant to

the provisions of the Anti-Drug Diversion Act as set forth under the

Uniform Controlled Dangerous Substances Act; or

5. A report from the Department of Public Safety as to the

handling and storage of evidence, which has been made available to

the accused by the office of the district attorney at least five (5)

days prior to the hearing, with reference to all or any part of the

evidence submitted, when certified as correct by the persons making

the report shall be received as evidence of the facts and findings

stated, if relevant and otherwise admissible in evidence. If a

report is deemed relevant by the state or the accused, the court

shall admit the report without the testimony of the person making

the report, unless the court, pursuant to subsection C of this

section, orders the person making the report to appear. If the

accused is not served with a report, by the district attorney,

within five (5) days prior to a hearing, the accused may be allowed

a continuance of the portion of the hearing to which the report is

relevant, to allow at least five (5) days' preparation subsequent to

the district attorney's furnishing of the report.

B. When any alleged controlled dangerous substance has been

submitted to the laboratory of the Bureau for analysis, and such

analysis shows that the submitted material is a controlled dangerous

substance, the distribution of which constitutes a felony under the

laws of this state, no portion of such substance shall be released

to any other person or laboratory without an order of a district

court. The defendant shall additionally be required to submit to

the court a procedure for transfer and analysis of the subject

material to ensure the integrity of the sample and to prevent the

material from being used in any illegal manner.

C. For purposes of the medical examiner's report of

investigation or autopsy report, or a laboratory report from a

forensic laboratory operated by the State of Oklahoma or any

political subdivision thereof or a report from the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control as to the existence

or status of any license or permit to sell, transfer, or possess

precursor substances:

1. The court, upon motion of the state or the accused, shall

order the attendance of any person preparing a report submitted as

evidence in any hearing prior to trial or forfeiture hearing, when

it appears there is a substantial likelihood that material evidence

not contained in such report may be produced by the testimony of the

person having prepared the report;

2. The motion shall be filed and notice of the hearing on the

motion to order the attendance of the Chief Medical Examiner, a
eparing a report submitted as

evidence in any hearing prior to trial or forfeiture hearing, when

it appears there is a substantial likelihood that material evidence

not contained in such report may be produced by the testimony of the

person having prepared the report;

2. The motion shall be filed and notice of the hearing on the

motion to order the attendance of the Chief Medical Examiner, a

medical examiner, consultant pathologist, or anyone under their

supervision or control shall be given to the medical examiner's

Oklahoma Statutes - Title 22. Criminal Procedure Page 234

office. The hearing shall be held and, if sustained, an order

issued not less than five (5) days prior to the time when the

testimony shall be required; and

3. If within five (5) days prior to the hearing or during a

hearing a motion is made pursuant to this subsection requiring a

person having prepared a report to testify, the court may hear a

report or other evidence but shall continue the hearing until such

time notice of the motion and hearing is given to the medical

examiner's office, the motion is heard, and, if sustained, testimony

ordered can be given.