{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-3227","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-3227","heading":"Depositions before action or pending appeal","body":"A. BEFORE ACTION.\n\n1. PETITION. A person who desires to perpetuate his own\n\ntestimony or that of another person regarding any matter that may be\n\ncognizable in any court may file a verified petition in the district\n\ncourt in the county of the residence of any expected adverse party\n\nfor such perpetuation of testimony. The petition shall be entitled\n\nin the name of the petitioner and shall show:\n\na. That the petitioner or his personal representative,\n\nheirs, beneficiaries, successors or assigns may be a\n\nparty to an action cognizable in a court but is\n\npresently unable to bring it or cause it to be\n\nbrought.\n\nb. The subject matter of the expected action and his\n\ninterest therein, and a copy, attached to the\n\npetition, of any written instrument the validity or\n\nconstruction of which may be called in question or\n\nwhich is connected with the subject matter of the\n\nrequested deposition.\n\nc. The facts which he desires to establish by the\n\nproposed testimony and his reasons for desiring to\n\nperpetuate it.\n\nd. The names or, if the names are unknown, a description\n\nof the persons he expects will be adverse parties and\n\ntheir addresses so far as known.\n\ne. The names and addresses of the persons to be examined\n\nand the substance of the testimony which he expects to\n\nelicit from each.\n\nThe petition shall request an order authorizing the petitioner\n\nto take the depositions of the persons named in the petition to be\n\nexamined for the purpose of perpetuating their testimony.\n\n2. NOTICE AND SERVICE. The petitioner shall thereafter serve a\n\nnotice upon each person named or described in the petition as an\n\nexpected adverse party, together with a copy of the petition,\n\nstating that the petitioner will apply to the court, at a time and\n\nplace named therein, for the order described in the petition. At\n\nleast twenty (20) days before the date of hearing, the notice shall\n\nbe served either within or without the state in the manner provided\n\nfor personal service of summons. If such service cannot, with due\n\ndiligence, be made upon any expected adverse party named or\n\ndescribed in the petition, the court may enter such order as is just\n\nfor service by publication or otherwise, and shall appoint, for\n\npersons not served by personal service, an attorney who shall\n\nrepresent them and, if they are not otherwise represented, shall\n\ncross-examine the deponent. If any expected adverse party is a\n\nminor or incompetent the court shall appoint a guardian ad litem for\n\nany such minor or incompetent not legally represented.\n\n3. ORDER AND EXAMINATION. If the court is satisfied that the\n\nperpetuation of the testimony may prevent a failure or delay of\n\njustice, it shall enter an order designating or describing the\n\npersons whose depositions may be taken and specifying the subject\n\nmatter of the examination and how the depositions shall be taken.\n\nThe depositions may then be taken in accordance with the Oklahoma\n\nDiscovery Code, Section 3224 et seq. of this title. The court may\n\nenter orders of the character provided for by Sections 3234 and 3235\n\nof this title. For the purpose of applying the Oklahoma Discovery\n\nCode to depositions for perpetuating testimony, each reference to\n\nthe court in which the action is pending shall be deemed to refer to\n\nthe court in which the petition for such deposition was filed.\n\n4. USE OF DEPOSITION. If a deposition to perpetuate testimony\n\nis taken under the Oklahoma Discovery Code, it may be used in any\n\naction involving the same subject matter subsequently brought in a\n\ncourt of this state, in accordance with the provisions of subsection\n\nA of Section 3232 of this title.\n\nB. PENDING APPEAL. If an appeal has been taken from a judgment\n\nof a district court or before the taking of an appeal if the time\n\ntherefor has not expired, the district court in which the judgment\n\nwas rendered may allow the taking of the depositions of witnesses to\nr subsequently brought in a\n\ncourt of this state, in accordance with the provisions of subsection\n\nA of Section 3232 of this title.\n\nB. PENDING APPEAL. If an appeal has been taken from a judgment\n\nof a district court or before the taking of an appeal if the time\n\ntherefor has not expired, the district court in which the judgment\n\nwas rendered may allow the taking of the depositions of witnesses to\n\nperpetuate their testimony for use in the event of further\n\nproceedings in the district court. In such case, the party who\n\ndesires to perpetuate the testimony may make a motion in the\n\ndistrict court for leave to take the depositions, upon the same\n\nnotice and service thereof as if the action was pending in the\n\ndistrict court. The motion shall show:\n\n1. The names and addresses of persons to be examined and the\n\nsubstance of the testimony which he expects to elicit from each;\n\n2. The reasons for perpetuating the testimony.\n\nIf the court finds that the perpetuation of the testimony is\n\nproper to avoid a failure or delay of justice, it may enter an order\n\nallowing the depositions to be taken and may make orders of the\n\ncharacter provided for by Sections 3234 and 3235 of this title, and\n\nthereupon the depositions may be taken and used in the same manner\n\nand under the same conditions as are prescribed in the Oklahoma\n\nDiscovery Code for depositions taken in actions pending in the\n\ndistrict court.\n\nC. PERPETUATION BY ACTION. The procedures prescribed in this\n\nsection do not limit the power of a court to entertain an action to\n\nperpetuate testimony.\n\nD. FILING OF DEPOSITION. Depositions taken under this section\n\nshall not be filed with the court in which the petition is filed or\n\nthe motion is made except on order of the court or unless they are\n\nattached to a motion, response thereto, or are needed for use in a\n\ntrial or hearing.\n\nE. COSTS. The attorney taking any deposition under this\n\nsection shall pay the costs thereof unless otherwise ordered by the\n\ncourt.\n\nF. DEPOSITIONS TAKEN IN OTHER JURISDICTIONS ADMISSIBLE. A\n\ndeposition taken under procedures of another jurisdiction, which are\n\nsimilar to those in this section, is admissible in this state to the\n\nsame extent as a deposition taken under this section.","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":"7a8f8d5ed21fe7169d6315865c32a523a4d96d4533b41337e3459f04123fafa5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-3226a","next":"us-ok/okla.-stat.-tit.-12-12-3228"},"notice":"GroundRules: Original legal text. Not legal advice."}