{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2004.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2004.1","heading":"Subpoena","body":"SUBPOENA\n\nA. SUBPOENA; FORM; ISSUANCE.\n\n1. Every subpoena shall:\n\na. state the name of the court from which it is issued\n\nand the title of the action, and\n\nb. command each person to whom it is directed to attend\n\nand give testimony or to produce and permit\n\ninspection, copying, testing or sampling of designated\n\nbooks, documents, electronically stored information or\n\ntangible things in the possession, custody or control\n\nof that person, or to permit inspection of premises,\n\nat a time and place therein specified. A subpoena may\n\nspecify the form or forms in which electronically\n\nstored information is to be produced.\n\n2. A subpoena shall issue from the court where the action is\n\npending, and it may be served at any place within the state.\n\na. Deposition in Action Pending Outside of This State.\n\nIf the action is pending outside of this state, the\n\ndistrict court for the county in which the deposition\n\nis to be taken shall issue the subpoena and, upon\n\napplication, any other order or process that may be\n\nappropriate in aid of discovery in that action. Proof\n\nof service of a notice to take deposition constitutes\n\na sufficient authorization for the issuance of\n\nsubpoenas for the persons named or described therein,\n\nb. Subpoena for Production or Inspection in Action\n\nPending Outside of This State.\n\nIf the action is pending outside of this state, the\n\ndistrict court for the county in which the production\n\nor inspection is to be made shall issue a subpoena for\n\nproduction or inspection as provided in subparagraph b\n\nof paragraph 1 of subsection A of this section, if\n\nseparate from a subpoena commanding the attendance of\n\na person, and upon application, any other order or\n\nprocess that may be appropriate in aid of discovery in\n\nthat action. Proof of service of a notice of request\n\nfor production of documents without a deposition\n\nconstitutes a sufficient authorization for the\n\nissuance of a subpoena for production or inspection,\n\nand\n\nc. Judicial Assistance or Review Available.\n\nAny person seeking an order or process in aid of\n\ndiscovery or any person aggrieved by the issuance or\n\nenforcement of a subpoena issued in aid of discovery\n\nfor an action pending outside of this state may obtain\n\njudicial assistance or review upon the filing of a\n\ncivil action and payment of required fees.\n\n3. A witness shall be obligated upon service of a subpoena to\n\nattend a trial or hearing at any place within the state and to\n\nattend a deposition or produce or allow inspection of documents at a\n\nlocation that is authorized by subsection B of Section 3230 of this\n\ntitle.\n\n4. The clerk shall issue a subpoena, or a subpoena for the\n\nproduction of documentary evidence, signed and sealed but otherwise\n\nin blank, to a party requesting it, who shall fill it in before\n\nservice. As an officer of the court, an attorney authorized to\n\npractice law in this state may also issue and sign a subpoena on\n\nbehalf of a court of this state.\n\n5. Leave of court for issuance of a subpoena for the production\n\nof documentary evidence shall be required if the plaintiff seeks to\n\nserve a subpoena for the production of documentary evidence on any\n\nperson who is not a party prior to the expiration of thirty (30)\n\ndays after service of the summons and petition upon any defendant.\n\n6. Notwithstanding any other provision of law, a court clerk of\n\nthis state shall not be subject to a subpoena in matters relating to\n\ncourt records unless the court makes a specific finding that the\n\nappearance and testimony of the court clerk are both material and\n\nnecessary because of a written objection to the introduction of the\n\ncourt records made by a party prior to trial.\n\nB. 1. SERVICE. Service of a subpoena upon a person named\n\ntherein shall be made by delivering or mailing a copy thereof to\n\nsuch person and, if the person's attendance is demanded, by\nakes a specific finding that the\n\nappearance and testimony of the court clerk are both material and\n\nnecessary because of a written objection to the introduction of the\n\ncourt records made by a party prior to trial.\n\nB. 1. SERVICE. Service of a subpoena upon a person named\n\ntherein shall be made by delivering or mailing a copy thereof to\n\nsuch person and, if the person's attendance is demanded, by\n\ntendering to that person the fees for one (1) day's attendance and\n\nthe mileage allowed by law. Service of a subpoena may be\n\naccomplished by any person who is eighteen (18) years of age or\n\nolder. A copy of any subpoena that commands production of documents\n\nand things or inspection of premises before trial shall be served on\n\neach party in the manner prescribed by subsection B of Section 2005\n\nof this title. If the subpoena commands production of documents and\n\nthings or inspection of premises from a nonparty before trial but\n\ndoes not require attendance of a witness, the subpoena shall specify\n\na date for the production or inspection that is at least seven (7)\n\ndays after the date that the subpoena and copies of the subpoena are\n\nserved on the witness and all parties, and the subpoena shall\n\ninclude the following language: \"In order to allow objections to\n\nthe production of documents and things to be filed, you should not\n\nproduce them until the date specified in this subpoena, and if an\n\nobjection is filed, until the court rules on the objection.\"\n\n2. Service of a subpoena by mail may be accomplished by mailing\n\na copy thereof by certified mail with return receipt requested and\n\ndelivery restricted to the person named in the subpoena. The person\n\nserving the subpoena shall make proof of service thereof to the\n\ncourt promptly and, in any event, before the witness is required to\n\ntestify at the hearing or trial. If service is made by a person\n\nother than a sheriff or deputy sheriff, such person shall make\n\naffidavit thereof. If service is by mail, the person serving the\n\nsubpoena shall show in the proof of service the date and place of\n\nmailing and attach a copy of the return receipt showing that the\n\nmailing was accepted. Failure to make proof of service does not\n\naffect the validity of the service, but service of a subpoena by\n\nmail shall not be effective if the mailing was not accepted by the\n\nperson named in the subpoena. Costs of service shall be allowed\n\nwhether service is made by the sheriff, the sheriff’s deputy, or any\n\nother person. When the subpoena is issued on behalf of a state\n\ndepartment, board, commission, or legislative committee, fees and\n\nmileage shall be paid to the witness at the conclusion of the\n\ntestimony out of funds appropriated to the state department, board,\n\ncommission, or legislative committee.\n\nC. PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.\n\n1. A party or an attorney responsible for the issuance and\n\nservice of a subpoena shall take reasonable steps to avoid imposing\n\nundue burden or expense on a person subject to that subpoena. The\n\ncourt on behalf of which the subpoena was issued shall enforce this\n\nduty and impose upon the party or attorney, or both, in breach of\n\nthis duty an appropriate sanction, which may include, but is not\n\nlimited to, lost earnings and a reasonable attorney fee.\n\n2. a. A person commanded to produce and permit inspection,\n\ncopying, testing or sampling of designated books,\n\npapers, documents, electronically stored information\n\nor tangible things, or inspection of premises need not\n\nappear in person at the place of production or\n\ninspection unless commanded to appear for deposition,\n\nhearing or trial.\n\nb. Subject to paragraph 2 of subsection D of this\n\nsection, a person commanded to produce and permit\n\ninspection, copying, testing or sampling or any party\n\nmay, within fourteen (14) days after service of the\n\nsubpoena or before the time specified for compliance\n\nif such time is less than fourteen (14) days after\nduction or\n\ninspection unless commanded to appear for deposition,\n\nhearing or trial.\n\nb. Subject to paragraph 2 of subsection D of this\n\nsection, a person commanded to produce and permit\n\ninspection, copying, testing or sampling or any party\n\nmay, within fourteen (14) days after service of the\n\nsubpoena or before the time specified for compliance\n\nif such time is less than fourteen (14) days after\n\nservice, serve written objection to inspection,\n\ncopying, testing or sampling of any or all of the\n\ndesignated materials or of the premises, or to\n\nproducing electronically stored information in the\n\nform or forms requested. An objection that all or a\n\nportion of the requested material will or should be\n\nwithheld on a claim that it is privileged or subject\n\nto protection as trial preparation materials shall be\n\nmade within this time period and in accordance with\n\nsubsection D of this section. If the objection is\n\nmade by the witness, the witness shall serve the\n\nobjection on all parties; if objection is made by a\n\nparty, the party shall serve the objection on the\n\nwitness and all other parties. If objection is made,\n\nthe party serving the subpoena shall not be entitled\n\nto inspect, copy, test or sample the materials or\n\ninspect the premises except pursuant to an order of\n\nthe court by which the subpoena was issued. For\n\nfailure to object in a timely fashion, the court may\n\nassess reasonable costs and attorney fees or take any\n\nother action it deems proper; however, a privilege or\n\nthe protection for trial preparation materials shall\n\nnot be waived solely for a failure to timely object\n\nunder this section. If objection has been made, the\n\nparty serving the subpoena may, upon notice to the\n\nperson commanded to produce, move at any time for an\n\norder to compel the production. Such an order to\n\ncompel production shall protect any person who is not\n\na party or an officer of a party from significant\n\nexpense resulting from the inspection and copying\n\ncommanded.\n\n3. a. On timely motion, the court by which a subpoena was\n\nissued shall quash or modify the subpoena if it:\n\n(1) fails to allow reasonable time for compliance,\n\n(2) requires a person to travel to a place beyond the\n\nlimits allowed under paragraph 3 of subsection A\n\nof this section,\n\n(3) requires disclosure of privileged or other\n\nprotected matter and no exception or waiver\n\napplies,\n\n(4) subjects a person to undue burden, or\n\n(5) requires production of books, papers, documents\n\nor tangible things that fall outside the scope of\n\ndiscovery permitted by Section 3226 of this\n\ntitle.\n\nb. If a subpoena:\n\n(1) requires disclosure of a trade secret or other\n\nconfidential research, development, or commercial\n\ninformation, or\n\n(2) requires disclosure of an unretained expert's\n\nopinion or information not describing specific\n\nevents or occurrences in dispute and resulting\n\nfrom the expert's study made not at the request\n\nof any party,\n\nthe court may, to protect a person subject to or\n\naffected by the subpoena, quash or modify the\n\nsubpoena. However, if the party in whose behalf the\n\nsubpoena is issued shows a substantial need for the\n\ntestimony or material that cannot be otherwise met\n\nwithout undue hardship and assures that the person to\n\nwhom the subpoena is addressed will be reasonably\n\ncompensated, the court may order appearance or\n\nproduction only upon specified conditions.\n\nD. DUTIES IN RESPONDING TO SUBPOENA.\n\n1. a. A person responding to a subpoena to produce documents\n\nshall produce them as they are kept in the usual\n\ncourse of business or shall organize and label them to\n\ncorrespond with the categories in the demand.\n\nb. If a subpoena does not specify the form or forms for\n\nproducing electronically stored information, a person\n\nresponding to a subpoena shall produce the information\n\nin a form or forms in which the person ordinarily\nubpoena to produce documents\n\nshall produce them as they are kept in the usual\n\ncourse of business or shall organize and label them to\n\ncorrespond with the categories in the demand.\n\nb. If a subpoena does not specify the form or forms for\n\nproducing electronically stored information, a person\n\nresponding to a subpoena shall produce the information\n\nin a form or forms in which the person ordinarily\n\nmaintains it or in a form or forms that are reasonably\n\nusable.\n\nc. A person responding to a subpoena is not required to\n\nproduce the same electronically stored information in\n\nmore than one form.\n\nd. A person responding to a subpoena is not required to\n\nprovide discovery of electronically stored information\n\nfrom sources that the person identifies as not\n\nreasonably accessible because of undue burden or cost.\n\nIf such showing is made, the court may order discovery\n\nfrom such sources if the requesting party shows good\n\ncause, considering the limitations of subparagraph c\n\nof paragraph 2 of subsection B of Section 3226 of this\n\ntitle. The court may specify conditions for the\n\ndiscovery.\n\n2. a. When information subject to a subpoena is withheld on\n\na claim that it is privileged or subject to protection\n\nas trial preparation materials, the claim shall be\n\nmade expressly and shall be supported by a description\n\nof the nature of the documents, communications, or\n\nthings not produced that is sufficient to enable the\n\ndemanding party to contest the claim.\n\nb. If information is produced in response to a subpoena\n\nthat is subject to a claim or privilege or of\n\nprotection as trial preparation material, the person\n\nmaking the claim may notify any party that received\n\nthe information of the claim and the basis for such\n\nclaim. After being notified, a party shall promptly\n\nreturn, sequester, or destroy the specified\n\ninformation and any copies the party has and may not\n\nuse or disclose the information until the claim is\n\nresolved. A receiving party may promptly present the\n\ninformation to the court under seal for a\n\ndetermination of the claim. If the receiving party\n\ndisclosed the information before being notified, such\n\nshall take reasonable steps to retrieve the\n\ninformation. The person who produced the information\n\nshall preserve the information until the claim is\n\nresolved. This mechanism is procedural only and does\n\nnot alter the standards governing whether the\n\ninformation is privileged or subject to protection as\n\ntrial preparation material or whether such privilege\n\nor protection has been waived.\n\nE. CONTEMPT.\n\nFailure by any person without adequate excuse to obey a subpoena\n\nserved upon him or her may be deemed a contempt of the court from\n\nwhich the subpoena issued.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"58a627a087b2514fd921abb9a28d9d1423a9aedb7c5acc56aadba7732ad5bf05","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2004","next":"us-ok/okla.-stat.-tit.-12-12-2004.2"},"notice":"GroundRules: Original legal text. Not legal advice."}