{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-847","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-847","heading":"Refusal to appear or testify","body":"ARTICLE 47. Refusal to appear or testify.\n\nA. In general.\n\n1. Any person described in paragraph 2 of this subsection who:\n\na. willfully neglects or refuses to appear, or\n\nb. willfully refuses to qualify as a witness or to\n\ntestify or to produce any evidence which that person\n\nis required to produce,\n\nshall be guilty of indirect contempt of the court-martial or court\n\nof inquiry from which the subpoena issued.\n\n2. The persons referred to in paragraph 1 of this subsection\n\nare the following:\n\na. any person not subject to the Oklahoma Uniform Code of\n\nMilitary Justice who:\n\n(1) is issued a subpoena or other process described\n\nin subsection C of Section 846 of this title\n\n(Article 46, subsection C), and\n\n(2) is provided a means for payment of fees and\n\nmileage pursuant to subsection D of this section,\n\nand\n\nb. any person not subject to the Code who is issued a\n\nsubpoena or other process described in subsection D of\n\nSection 846 of this title (Article 46, subsection D).\n\nB. Any person who commits indirect contempt shall be punished\n\nin accordance with Sections 566, 567 and 568 of Title 21 of the\n\nOklahoma Statutes.\n\nC. The district attorney exercising jurisdiction in the county\n\nwhere the court-martial or court of inquiry is convened, shall, upon\n\nthe certification of the facts to him or her by the military court,\n\ncourt of inquiry or convening authority, file an information against\n\nand prosecute any person violating this section.\n\nD. The fees and mileage of witnesses shall be paid as follows:\n\n1. Any civilian witness, who is not a federal employee,\n\nappearing in obedience to an order, subpoena, or other lawful\n\ncompulsion at any stage of a general or special court-martial or\n\ncourt of inquiry where the party seeking the attendance of the\n\nwitness is the trial counsel, the defense counsel or the defendant\n\nappearing pro se, shall be paid from any monies available in the\n\nMilitary Justice Fund established in Section 941 of Title 44 of the\n\nOklahoma Statutes, the fees and mileage at the rate prescribed by\n\nSection 81 of Title 28 of the Oklahoma Statutes;\n\n2. Any witness appearing in obedience to an order, subpoena, or\n\nother lawful compulsion at any stage of a court-martial for which no\n\nprovision in this subsection is applicable, shall be paid at the\n\ndiscretion of the military judge presiding over a general or special\n\ncourt-martial proceeding from any monies available in the Military\n\nJustice Fund established in Section 941 of Title 44 of the Oklahoma\n\nStatutes, the fees and mileage at the rate prescribed by Section 81\n\nof Title 28 of the Oklahoma Statutes;\n\n3. The comptroller of the military department, or any other\n\nperson designated by the Adjutant General, shall, upon proof of\n\nclaim, issue to witnesses, summoned pursuant to this subsection,\n\ncertificates showing the names of witnesses, number of days'\n\nattendance, distance traveled and the amount of such fees and\n\nmileage; and\n\n4. The Adjutant General may promulgate additional regulations\n\ngoverning the method and process for payment of fees and mileage to\n\na civilian witness, who is not a federal employee, appearing in\n\nobedience to an order, subpoena, or other lawful compulsion at any\n\nstage of a general, special or summary court-martial or court of\n\ninquiry.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c5ced6b99adc353ffa2f868cb463f6d5a23867515f97aeb68327c281da3a73ac","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-846","next":"us-ok/okla.-stat.-tit.-44-44-848"},"notice":"GroundRules: Original legal text. Not legal advice."}