{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-3230","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-3230","heading":"Depositions upon oral examination","body":"A. WHEN DEPOSITIONS MAY BE TAKEN; WHEN LEAVE REQUIRED.\n\n1. A party may take the testimony of any person, including a\n\nparty, by deposition upon oral examination without leave of court\n\nexcept as provided in paragraph 2 of this subsection. The\n\nattendance of witnesses may be compelled by subpoena as provided in\n\nSection 2004.1 of this title.\n\n2. a. A party shall obtain leave of court, if the person to\n\nbe examined is confined in prison, or if, without the\n\nwritten stipulation of the parties:\n\n(1) the person to be examined already has been\n\ndeposed in the case, or\n\n(2) a party seeks to take a deposition prior to the\n\nexpiration of thirty (30) days after service of\n\nthe summons and petition upon any defendant\n\nunless the notice contains a certification, with\n\nsupporting facts, that the person to be examined\n\nis expected to leave this state and will be\n\nunavailable for examination in this state unless\n\ndeposed before that time.\n\nb. A request for leave of court shall include a statement\n\nthat the requesting party has in good faith conferred\n\nor attempted to confer either in person or by\n\ntelephone with the opposing parties to obtain a\n\nwritten stipulation.\n\n3. Unless otherwise agreed by the parties or ordered by the\n\ncourt, a deposition upon oral examination shall not last more than\n\nsix (6) hours and shall be taken only between the hours of 8:00 a.m.\n\nand 5:00 p.m. on a day other than a Saturday or Sunday and on a date\n\nother than a holiday designated in Section 82.1 of Title 25 of the\n\nOklahoma Statutes. The court may grant an extension of these time\n\nlimits if the court finds that the witness or counsel has been\n\nobstructive or uncooperative or if the court finds it to be in the\n\ninterest of justice.\n\nB. PLACE WHERE WITNESS OR PARTY IS REQUIRED TO ATTEND TAKING OF\n\nDEPOSITIONS.\n\n1. A witness shall be obligated to attend to give a deposition\n\nonly in the county of his or her residence, a county adjoining the\n\ncounty of his or her residence or the county where he or she is\n\nlocated when the subpoena is served.\n\n2. A party, in addition to the places where a witness may be\n\ndeposed, may be deposed in the county where the action is pending or\n\nthe county where he or she is located when the notice is served.\n\nC. NOTICE OF EXAMINATION; GENERAL REQUIREMENTS; SPECIAL NOTICE;\n\nNONSTENOGRAPHIC RECORDING; PRODUCTION OF DOCUMENTS AND THINGS;\n\nDEPOSITION OF ORGANIZATION; DEPOSITION BY TELEPHONE.\n\n1. A party desiring to take the deposition of any person upon\n\noral examination shall give notice in writing to every other party\n\nto the action. The notice shall state the time and place for taking\n\nthe deposition and shall state the name and address of each person\n\nto be examined, if known, and, if the name is not known, a general\n\ndescription sufficient to identify the person or the particular\n\nclass or group to which the person belongs. The notice shall be\n\nserved in order to allow the adverse party sufficient time, by the\n\nusual route of travel, to attend, and three (3) days for\n\npreparation, exclusive of the day of service of the notice.\n\nIf a subpoena duces tecum is to be served on the person to be\n\nexamined, the designation of the materials to be produced, as set\n\nforth in the subpoena, shall be attached to or included in the\n\nnotice.\n\n2. The court may for cause shown enlarge or shorten the time\n\nfor taking the deposition and for notice of taking the deposition.\n\n3. a. The parties may stipulate in writing or the court may\n\nupon motion order that the testimony at a deposition\n\nbe recorded by other than stenographic means. Unless\n\ngood cause is shown to the contrary, such motions\n\nshall be freely granted. The stipulation or order\n\nshall designate the person before whom the deposition\n\nshall be taken, the manner of recording, preserving,\n\nand filing the deposition, and may include other\n\nprovisions to assure that the recorded testimony will\nthe testimony at a deposition\n\nbe recorded by other than stenographic means. Unless\n\ngood cause is shown to the contrary, such motions\n\nshall be freely granted. The stipulation or order\n\nshall designate the person before whom the deposition\n\nshall be taken, the manner of recording, preserving,\n\nand filing the deposition, and may include other\n\nprovisions to assure that the recorded testimony will\n\nbe accurate and trustworthy. If the deposition is\n\nrecorded by other than stenographic means, the party\n\ntaking the deposition shall upon request by any party\n\nor the witness furnish a copy of the deposition to the\n\nwitness. The party taking the deposition may furnish\n\neither a stenographic copy of the deposition or a copy\n\nof the deposition as recorded by other than\n\nstenographic means.\n\nb. Any recording of testimony other than by stenographic\n\nmeans shall begin with an on-the-record statement that\n\nshall include: the recording officer’s name and\n\nbusiness address; the date, time and place of the\n\ndeposition; the deponent’s name; and the identity of\n\nall persons present at the deposition. The recording\n\nshall also include the administration of the oath or\n\naffirmation to the deponent. The appearance or\n\ndemeanor of the deponent and attorneys shall not be\n\ndistorted through recording techniques.\n\nc. Any objections under subsection D of this section, any\n\nchanges made by the witness, the signature of the\n\nwitness identifying the deposition as his or her own\n\nor the statement of the officer that is required if\n\nthe witness does not sign, as provided in subsection F\n\nof this section, and the certification of the officer\n\nrequired by subsection G of this section shall be set\n\nforth in a writing to accompany a deposition recorded\n\nby nonstenographic means.\n\nd. Any party may designate in a notice of deposition, or\n\nin a counter-notice of deposition, another method for\n\nrecording the testimony in addition to stenographic\n\nmeans. The party designating another method of\n\nrecording shall bear the expense of the additional\n\nrecord unless the court orders otherwise.\n\n4. The notice to a party deponent may be accompanied by a\n\nrequest made in compliance with Section 3234 of this title for the\n\nproduction of documents and tangible things at the taking of the\n\ndeposition. The procedure of Section 3234 of this title shall apply\n\nto the request.\n\n5. A party may in the notice and in a subpoena name as the\n\ndeponent a public or private corporation or a partnership or\n\nassociation or governmental agency and describe with reasonable\n\nparticularity the matters on which examination is requested. In\n\nthat event, the organization so named shall designate one or more\n\nofficers, directors, or managing agents, or other persons who\n\nconsent to testify on its behalf, and may set forth, for each person\n\ndesignated, the matters on which that person will testify. Such\n\ndesignation of persons to testify and the subject of the testimony\n\nshall be delivered to the other party or parties prior to or at the\n\ncommencement of the taking of the deposition of the organization. A\n\nsubpoena shall advise a nonparty organization of its duty to make\n\nsuch a designation. The persons so designated shall testify as to\n\nmatters known or reasonably available to the organization.\n\nThis paragraph does not preclude taking a deposition by any\n\nother procedure authorized in the Oklahoma Discovery Code.\n\n6. The parties may stipulate in writing or the court may upon\n\nmotion order that a deposition be taken by telephone or other remote\n\nelectronic means. For the purposes of this section, subsection A of\n\nSection 3228, and paragraphs 1 of subsections A and B of Section\n\n3237 of this title, a deposition taken by such means is taken in the\n\ncounty and state and at the place where the deponent is to answer\n\nquestions.\n\nD. EXAMINATION AND CROSS-EXAMINATION; RECORD OF EXAMINATION;\nhat a deposition be taken by telephone or other remote\n\nelectronic means. For the purposes of this section, subsection A of\n\nSection 3228, and paragraphs 1 of subsections A and B of Section\n\n3237 of this title, a deposition taken by such means is taken in the\n\ncounty and state and at the place where the deponent is to answer\n\nquestions.\n\nD. EXAMINATION AND CROSS-EXAMINATION; RECORD OF EXAMINATION;\n\nOATH; OBJECTIONS. Examination and cross-examination of witnesses\n\nmay proceed as permitted at the trial under the provisions of\n\nSection 2101 et seq. of this title except Section 2104. The officer\n\nbefore whom the deposition is to be taken shall put the witness on\n\noath or affirmation and shall personally, or by someone acting under\n\nhis or her direction and in his or her presence, record the\n\ntestimony of the witness. The testimony shall be taken\n\nstenographically or recorded by any other method authorized by\n\nparagraph 3 of subsection C of this section.\n\nAll objections made at the time of the examination to the\n\nqualifications of the officer taking the deposition, to the manner\n\nof taking it, to the evidence presented, to the conduct of any\n\nparty, or to any other aspect of the proceedings shall be noted by\n\nthe officer upon the record of the deposition; however, the\n\nexamination shall proceed, with the testimony being taken subject to\n\nthe objections.\n\nIn lieu of participating in the oral examination, parties may\n\nserve written questions in a sealed envelope on the party taking the\n\ndepositions and that party shall transmit them to the officer, who\n\nshall propound them to the witness and record the answers verbatim.\n\nE. MOTION TO TERMINATE OR LIMIT EXAMINATION.\n\n1. Any objection to evidence during a deposition shall be\n\nstated concisely and in a nonargumentative and nonsuggestive manner.\n\nA party may instruct a deponent not to answer only when necessary to\n\npreserve a privilege or work product protection, to enforce a\n\nlimitation on evidence directed by the court, to present a motion\n\nunder paragraph 2 of this subsection, or to move for a protective\n\norder under subsection C of Section 3226 of this title. If the\n\ncourt finds a person has engaged in conduct which has frustrated the\n\nfair examination of the deponent, it may impose upon the persons\n\nresponsible an appropriate sanction, including the reasonable costs\n\nand attorney fees incurred by any parties as a result thereof.\n\n2. At any time during the taking of the deposition, on motion\n\nof a party or of the deponent and upon a showing that the\n\nexamination is being conducted in bad faith or in such manner as\n\nunreasonably to annoy, embarrass or oppress the deponent or party,\n\nthe court in which the action is pending or the court in the county\n\nwhere the deposition is being taken may order the officer conducting\n\nthe examination to cease taking the deposition, or may limit the\n\nscope and manner of the taking of the deposition as provided in\n\nsubsection C of Section 3226 of this title. If the order entered\n\nterminates the examination, it shall be resumed thereafter only upon\n\nthe order of the court in which the action is pending. Upon demand\n\nof the objecting party or deponent, the taking of the deposition\n\nshall be suspended for the time necessary to make a motion for the\n\norder provided for in this section. The provisions of paragraph 4\n\nof subsection A of Section 3237 of this title apply to the award of\n\nexpenses incurred in relation to the motion.\n\nF. REVIEW BY WITNESS; CHANGES; SIGNING. The deponent shall\n\nhave the opportunity to review the transcript of the deposition\n\nunless such examination and reading are waived by the deponent and\n\nby the parties. After being notified by the officer that the\n\ntranscript is available, the deponent shall have thirty (30) days in\n\nwhich to review it and, if there are changes in form or substance,\n\nto sign a statement reciting such changes and the reasons given by\nhave the opportunity to review the transcript of the deposition\n\nunless such examination and reading are waived by the deponent and\n\nby the parties. After being notified by the officer that the\n\ntranscript is available, the deponent shall have thirty (30) days in\n\nwhich to review it and, if there are changes in form or substance,\n\nto sign a statement reciting such changes and the reasons given by\n\nthe deponent for making them. The officer shall indicate in the\n\ncertificate prescribed by paragraph 1 of subsection G of this\n\nsection whether any review was requested and, if so, shall append\n\nany changes made by the deponent during the period allowed.\n\nG. CERTIFICATION AND FILING BY OFFICER; EXHIBITS; COPIES;\n\nNOTICE OF FILING.\n\n1. The officer shall certify on any stenographic deposition:\n\na. the qualification of the officer to administer oaths,\n\nincluding the officer’s certificate number,\n\nb. that the witness was duly sworn by the officer,\n\nc. that the deposition is a true record of the testimony\n\ngiven by the witness, and\n\nd. that the officer is not a relative or employee or\n\nattorney or counsel of any of the parties, or a\n\nrelative or employee of the attorney or counsel, and\n\nis not financially interested in the action.\n\nExcept on order of the court or unless a deposition is attached\n\nto a motion response thereto, is needed for use in a trial or\n\nhearing, or the parties stipulate otherwise, depositions shall not\n\nbe filed with the court clerk. The officer shall securely seal any\n\nstenographic deposition in an envelope endorsed with the title of\n\nthe action and marked \"Deposition of (here insert name of witness)\"\n\nand send it to the attorney who arranged for the deposition, who\n\nshall store it under conditions that will protect it against loss,\n\ndestruction, tampering, or deterioration.\n\nDocuments and things produced for inspection during the\n\nexamination of the witness shall, upon the request of a party, be\n\nmarked for identification and annexed to the deposition and may be\n\ninspected and copied by any party. If the person producing the\n\nmaterials desires to retain them he may:\n\na. Offer copies to be marked for identification and\n\nannexed to the deposition and to serve as originals if\n\nhe affords to all parties fair opportunity to verify\n\nthe copies by comparison with the originals, or\n\nb. Offer the originals to be marked for identification,\n\nafter giving to each party an opportunity to inspect\n\nand copy them, in which event the materials may then\n\nbe used in the same manner as if annexed to the\n\ndeposition. Any party may move for an order that the\n\noriginal be annexed to and returned with the\n\ndeposition to the court, pending final disposition of\n\nthe case.\n\n2. Each attorney who takes the deposition of a witness or of a\n\nparty shall bear all expenses thereof, including the cost of\n\ntranscription, and shall furnish upon request to the adverse party\n\nor parties, free of charge, one copy of the transcribed deposition.\n\nIf the party taking the deposition recorded it on videotape or by\n\nother nonstenographic means, that party shall also furnish upon\n\nrequest to the adverse party or parties, free of charge, one copy of\n\nthe videotape or other recording of the deposition.\n\nH. FAILURE TO ATTEND OR TO SERVE SUBPOENA; EXPENSES.\n\n1. If the party giving the notice of the taking of a deposition\n\nfails to attend and proceed therewith and another party attends in\n\nperson or by attorney pursuant to the notice, the court may order\n\nthe party giving the notice to pay to the other party the reasonable\n\nexpenses incurred by the attending party and his or her attorney in\n\nattending, including reasonable attorney fees.\n\n2. If the party giving the notice of the taking of a deposition\n\nof a witness fails to serve a subpoena upon the witness and the\n\nwitness because of such failure does not attend, and if another\n\nparty attends in person or by attorney because he or she expects the\nrty the reasonable\n\nexpenses incurred by the attending party and his or her attorney in\n\nattending, including reasonable attorney fees.\n\n2. If the party giving the notice of the taking of a deposition\n\nof a witness fails to serve a subpoena upon the witness and the\n\nwitness because of such failure does not attend, and if another\n\nparty attends in person or by attorney because he or she expects the\n\ndeposition of that witness to be taken, the court may order the\n\nparty giving the notice to pay to such other party the reasonable\n\nexpenses incurred by that party and his or her attorney in\n\nattending, including reasonable attorney fees.\n\nI. WITNESS FEES.\n\n1. The attendance and travel fees for a witness shall be paid\n\nas provided in Section 400 of this title.\n\n2. A party deponent must attend the taking of a deposition\n\nwithout the payment or tender of attendance or travel fees.\n\nJ. TAXING OF COSTS OF DEPOSITIONS. The cost of transcription\n\nof a deposition, as verified by the statement of the certified court\n\nreporter, the fees of the sheriff for serving the notice to take\n\ndepositions and fees of witnesses shall each constitute an item of\n\ncosts to be taxed in the case in the manner provided by law. The\n\ncourt may upon motion of a party retax the costs if the court finds\n\nthe deposition was unauthorized by statute or unnecessary for\n\nprotection of the interest of the party taking the deposition.","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":"5295d82dd5861661125256c3ec8b349c14710b1faf13d298ea06fc4bd100a2aa","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-3229","next":"us-ok/okla.-stat.-tit.-12-12-3231"},"notice":"GroundRules: Original legal text. Not legal advice."}