Okla. Stat. tit. 28, § 28-82
This is the official text of Okla. Stat. tit. 28, § 28-82, part of Oklahoma’s Stat. tit. 28, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 28,." Browse the sections below, each linked to its official government source.
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Monies from which fees and mileage paid - Taxation as costs
Official statutory text
upon conclusion of proceedings.
A. Any witness appearing in obedience to an order, subpoena, or
other lawful compulsion at any stage of a criminal case or
proceeding, grand jury proceeding and in any civil case or
proceeding in which the party seeking the attendance of the witness
is represented by the district attorney, shall be paid, from any
monies available for the operations of the district attorney's
office in the county where attendance is required, the fees and
mileage at the rate prescribed by law.
B. Any witness appearing in obedience to an order, subpoena, or
other lawful compulsion at any stage of a criminal case or
proceeding in which the party seeking the attendance of the witness
is represented by the Indigent Defense System or its agent shall be
paid from the court fund. The court clerk shall report the amount
of witness fees paid pursuant to this subsection monthly to the
Administrative Office of the Courts. The Administrative Office of
the Courts shall bill the Indigent Defense System for the cost of
the witness fees which shall be paid from funds available for
Oklahoma Statutes - Title 28. Fees Page 15
expenditure by the Indigent Defense System. Payment by the Indigent
Defense System to the Administrative Office of the Courts shall be
made within ten (10) days of the receipt of the billing.
C. Any witness appearing in obedience to an order, subpoena, or
other lawful compulsion in an administrative proceeding, medicaid
fraud investigation, or multicounty grand jury proceeding shall be
paid by the party seeking the attendance of the witness. If the
party seeking the attendance is the Attorney General or represented
by the Attorney General, the witness shall be paid from funds
available for expenditure by the Attorney General. If an
administrative agency seeking the attendance of the witness is not
represented by the Attorney General, the witness shall be paid from
funds available for expenditure by the administrative agency.
D. Any witness appearing in obedience to an order, subpoena, or
other lawful compulsion issued by a court of this state for which no
provision of this section is applicable, shall be paid in the
discretion of the court from funds which are subject to the court's
orders.
E. Upon conclusion of the proceedings, such fees and mileage
shall be taxed as costs in the case, and collected and deposited as
other costs in the case.
R.L. 1910, § 3232. Amended by Laws 1925, c. 134, p. 199, § 1; Laws
1935, p. 5, § 1; Laws 1965, c. 488, § 1; Laws 1970, c. 156, § 1,
eff. July 1, 1970; Laws 1975, c. 227, § 1, eff. Oct. 1, 1975; Laws
1977, c. 253, § 2, eff. Oct. 1, 1978; Laws 1992, c. 282, § 2, eff.
Sept. 1, 1992; Laws 1993, c. 227, § 6, eff. July 1, 1993; Laws 1994,
c. 229, § 7, eff. Sept. 1, 1994.
A. Any witness appearing in obedience to an order, subpoena, or
other lawful compulsion at any stage of a criminal case or
proceeding, grand jury proceeding and in any civil case or
proceeding in which the party seeking the attendance of the witness
is represented by the district attorney, shall be paid, from any
monies available for the operations of the district attorney's
office in the county where attendance is required, the fees and
mileage at the rate prescribed by law.
B. Any witness appearing in obedience to an order, subpoena, or
other lawful compulsion at any stage of a criminal case or
proceeding in which the party seeking the attendance of the witness
is represented by the Indigent Defense System or its agent shall be
paid from the court fund. The court clerk shall report the amount
of witness fees paid pursuant to this subsection monthly to the
Administrative Office of the Courts. The Administrative Office of
the Courts shall bill the Indigent Defense System for the cost of
the witness fees which shall be paid from funds available for
Oklahoma Statutes - Title 28. Fees Page 15
expenditure by the Indigent Defense System. Payment by the Indigent
Defense System to the Administrative Office of the Courts shall be
made within ten (10) days of the receipt of the billing.
C. Any witness appearing in obedience to an order, subpoena, or
other lawful compulsion in an administrative proceeding, medicaid
fraud investigation, or multicounty grand jury proceeding shall be
paid by the party seeking the attendance of the witness. If the
party seeking the attendance is the Attorney General or represented
by the Attorney General, the witness shall be paid from funds
available for expenditure by the Attorney General. If an
administrative agency seeking the attendance of the witness is not
represented by the Attorney General, the witness shall be paid from
funds available for expenditure by the administrative agency.
D. Any witness appearing in obedience to an order, subpoena, or
other lawful compulsion issued by a court of this state for which no
provision of this section is applicable, shall be paid in the
discretion of the court from funds which are subject to the court's
orders.
E. Upon conclusion of the proceedings, such fees and mileage
shall be taxed as costs in the case, and collected and deposited as
other costs in the case.
R.L. 1910, § 3232. Amended by Laws 1925, c. 134, p. 199, § 1; Laws
1935, p. 5, § 1; Laws 1965, c. 488, § 1; Laws 1970, c. 156, § 1,
eff. July 1, 1970; Laws 1975, c. 227, § 1, eff. Oct. 1, 1975; Laws
1977, c. 253, § 2, eff. Oct. 1, 1978; Laws 1992, c. 282, § 2, eff.
Sept. 1, 1992; Laws 1993, c. 227, § 6, eff. July 1, 1993; Laws 1994,
c. 229, § 7, eff. Sept. 1, 1994.
Status: in_force · Read it on the official government site
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