Okla. Stat. tit. 63, § 63-946
This is the official text of Okla. Stat. tit. 63, § 63-946, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Exhuming of bodies - Hearing - Autopsy - Reports
Official statutory text
A. If death occurred under circumstances as enumerated in
Section 938 of this title, and if the body has been buried without
proper certification of death, it shall be the duty of the
investigating official, upon ascertaining such facts, to notify the
Chief Medical Examiner and the district attorney of the county in
which the body was buried. The district attorney shall present
facts to the judge of the district court of that county, and the
judge, after a hearing, may by written order require the body to be
exhumed and an autopsy performed by the Chief Medical Examiner or
his or her designee. A copy of the court order for exhumation shall
be provided to the State Department of Health. A complete report of
the facts developed by the autopsy and the findings of the person
making the same shall be filed with the Chief Medical Examiner
without unnecessary delay and a copy furnished the district attorney
of the county within which the death occurred or within which the
body was buried, or both.
B. No order for exhumation, as provided for in subsection A of
this section, shall be made without notice of the hearing being
served upon the decedent's next of kin, five (5) days prior to the
hearing. The notice shall be served in the same manner as provided
for by law for the service of summons in a civil action, shall
include the date, time and place of the hearing and shall advise the
person so notified that he or she has the right to appear and be
heard by the court at that time. Provided, that the district
attorney may, by affidavit, advise the court that the identity or
whereabouts of any persons required to be served with notice under
this subsection is unknown and cannot be ascertained with due
diligence. Upon finding that the facts stated in the affidavit are
true, the court shall not require notice be given.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1296
Section 938 of this title, and if the body has been buried without
proper certification of death, it shall be the duty of the
investigating official, upon ascertaining such facts, to notify the
Chief Medical Examiner and the district attorney of the county in
which the body was buried. The district attorney shall present
facts to the judge of the district court of that county, and the
judge, after a hearing, may by written order require the body to be
exhumed and an autopsy performed by the Chief Medical Examiner or
his or her designee. A copy of the court order for exhumation shall
be provided to the State Department of Health. A complete report of
the facts developed by the autopsy and the findings of the person
making the same shall be filed with the Chief Medical Examiner
without unnecessary delay and a copy furnished the district attorney
of the county within which the death occurred or within which the
body was buried, or both.
B. No order for exhumation, as provided for in subsection A of
this section, shall be made without notice of the hearing being
served upon the decedent's next of kin, five (5) days prior to the
hearing. The notice shall be served in the same manner as provided
for by law for the service of summons in a civil action, shall
include the date, time and place of the hearing and shall advise the
person so notified that he or she has the right to appear and be
heard by the court at that time. Provided, that the district
attorney may, by affidavit, advise the court that the identity or
whereabouts of any persons required to be served with notice under
this subsection is unknown and cannot be ascertained with due
diligence. Upon finding that the facts stated in the affidavit are
true, the court shall not require notice be given.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1296
Status: in_force · Read it on the official government site
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