{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-340","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-340","heading":"Advice of court or district attorney – Reproduction or","body":"disclosure of transcript - Who may be present.\n\nA. The grand jury may at all reasonable times ask the advice of\n\nthe court or of the district attorney. In no event shall the grand\n\njury be advised as to the sufficiency or insufficiency of the\n\nevidence necessary to return a true bill, in a matter under\n\ninvestigation before them. The district attorney, with or without a\n\nregularly appointed assistant district attorney individually or\n\ncollectively, or if the district attorney and all of his or her\n\nassistants are disqualified for any reason, a district attorney or\n\nassistant district attorney from another district, appointed by the\n\nAttorney General of Oklahoma pursuant to Sections 215.9 and 215.13\n\nof Title 19 of the Oklahoma Statutes, and where proper, the Attorney\n\nGeneral, or an assistant attorney general, may at all times appear\n\nbefore the grand jury for the purpose of giving information or\n\nadvice relative to any matter cognizable before them and may\n\ninterrogate witnesses before them whenever he or she thinks it\n\nnecessary. A qualified court reporter shall be present and take the\n\ntestimony of all witnesses.\n\nB. Upon request, a grand jury transcript of the testimony or\n\nany portion thereof shall be made available to the attorney for the\n\naccused , the district attorney, assistant district attorney, the\n\nAttorney General, or an assistant attorney general, at the expense\n\nof the requesting party or officer. In the event of an indigent\n\naccused, the expense for the transcript shall be borne by the state\n\nin the same manner and from the same funds as indigent\n\nrepresentation. Any attorney or other person who obtains a copy of\n\na grand jury transcript shall be prohibited from disclosing its\n\ncontents to any person other than his or her attorney in the\n\ncriminal proceeding, related asset forfeiture proceeding, or removal\n\nproceeding. A transcript obtained pursuant to this subsection shall\n\nnot be used for any purpose other than in proceedings relating to\n\nthe grand jury testimony, civil asset forfeiture proceedings related\n\nto an indictment from the grand jury, or an accusation for removal\n\nof a public official from the grand jury, or in preparation for\n\nthose proceedings, without good cause shown supported by clear and\n\nconvincing evidence after written motion and hearing before the\n\njudge presiding over the grand jury.\n\nThe prosecutor serving as a legal advisor to the grand jury\n\nshall receive timely notice of the motion and hearing and be allowed\n\nan opportunity to object to any order of release of grand jury\n\ntranscripts. The pleadings relating to a request for grand jury\n\ntranscripts shall be sealed and any hearing held pursuant to a\n\nrequest for grand jury transcripts shall be closed to the public\n\nunless the presiding judge of the grand jury finds that the public\n\ninterest in unsealing the pleadings or opening the hearing to the\n\npublic outweighs the public interest in maintaining the secrecy of\n\nthe grand jury investigation.\n\nExcept in a civil asset forfeiture proceeding related to a grand\n\njury indictment, an attorney who obtains a copy of a grand jury\n\ntranscript pursuant to this subsection shall be precluded from\n\nrepresenting any party in a civil case related to the grand jury\n\ntestimony or using the grand jury transcripts to the benefit or\n\ndetriment of a party in a civil proceeding.\n\nNothing in this subsection shall prohibit the Attorney General\n\nor a district attorney from prosecuting an indictment or accusation\n\nfor removal while his or her office is or has been engaged in\n\nrelated civil litigation, provided that the grand jury transcripts\n\nor their contents are not provided or disclosed to the staff of the\n\nAttorney General or district attorney involved in the civil\n\nlitigation. Nor does this subsection prohibit the attorney for the\n\naccused, district attorney, assistant district attorney, the\nccusation\n\nfor removal while his or her office is or has been engaged in\n\nrelated civil litigation, provided that the grand jury transcripts\n\nor their contents are not provided or disclosed to the staff of the\n\nAttorney General or district attorney involved in the civil\n\nlitigation. Nor does this subsection prohibit the attorney for the\n\naccused, district attorney, assistant district attorney, the\n\nAttorney General, or an assistant attorney general from providing to\n\na witness the transcribed grand jury testimony of that witness for\n\nthe sole purpose of preparing the witness for his or her subsequent\n\ntestimony at a trial or hearing arising out of a grand jury\n\nindictment, accusation for removal, or civil asset forfeiture action\n\nrelated to a grand jury indictment. The witness who is provided a\n\ntranscript of his or her testimony shall be subject to the same\n\nrestrictions on disclosure as any other person.\n\nViolation of this subsection shall be a misdemeanor and may also\n\nbe punishable as contempt.\n\nC. No other person is permitted to be present during sessions\n\nof the grand jury except the members of the grand jury, the witness\n\nactually under examination, and one attorney representing such\n\nwitness, except that an interpreter, when necessary, may be present\n\nduring the interrogation of a witness; provided that, no person,\n\nexcept the members of the grand jury, shall be permitted to be\n\npresent during the expression of juror opinions or the giving of\n\nvotes upon any matter before the grand jury; provided further that\n\nneither the district attorney, nor an assistant district attorney,\n\nmay be present or participate in an official capacity, as herein\n\nprovided, during an investigation by the grand jury of the district\n\nattorney's office, or of any person officially associated with said\n\noffice.\n\nR.L. 1910, § 726. Amended by Laws 1961, p. 236, § 1; Laws 1965, c.\n\n532, § 1; Laws 1967, c. 226, § 1, emerg. eff. May 2, 1967; Laws\n\n1974, c. 60, § 1; Laws 1989, c. 179, § 3, eff. Nov. 1, 1989; Laws\n\n1999, c. 147, § 1, emerg. eff. May 3, 1999; Laws 2025, c. 333, § 1,\n\neff. Nov. 1, 2025.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"446227584d329afa06c92b38a2bb054de7f5d6e72d843712c144aadd0054533c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-34.5","next":"us-ok/okla.-stat.-tit.-22-22-341"},"notice":"GroundRules: Original legal text. Not legal advice."}