Oklahoma Subpoena
Oklahoma writes the arithmetic of mileage into the statute: whole-mile rounding, and nothing owed under one and one-half miles. The day fee is $10.00. Attorney review available.
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Introduction
Oklahoma is unusual in that its statute spells out the arithmetic of mileage rather than the rate. Under 28 O.S. 81(B), in computing mileage allowances for witnesses, parts of a mile shall be rounded to the nearest whole number of miles, and where the total mileage actually and necessarily traveled is less than one and one-half miles, no mileage shall be allowed at all. So a witness from across the street gets the day fee and nothing more, and a trip of 7.4 miles is paid as 7. The rate itself is written as a ceiling: 28 O.S. 81(A)(3) gives a witness Ten Dollars ($10.00) for each day of attendance plus reimbursement as prescribed by law for travel expenses at rates not to exceed those prescribed by law for reimbursement for state employees, and 74 O.S. 500.4(C) caps that state employee figure at the amount prescribed by the Internal Revenue Service for determining the standard mileage rate allowed for a business expense deduction, with distances claimed as actual business miles based on a recognized Global Positioning System. Oklahoma also gives a records subpoena its own script. Where a subpoena commands production from a nonparty before trial but does not require a witness to attend, 12 O.S. 2004.1(B)(1) requires a production date at least seven days after the subpoena and copies are served on the witness and all parties, and it requires the document to carry one sentence word for word: in order to allow objections to the production of documents and things to be filed, you should not produce them until the date specified in this subpoena, and if an objection is filed, until the court rules on the objection. Early in a case there is an extra gate, because leave of court is required if a plaintiff wants to serve a documents subpoena on a nonparty within thirty days of serving the summons and petition. DocDraft prepares your Oklahoma subpoena from your own facts, with attorney review available.
Key Things to Know
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An Oklahoma subpoena is a command issuing from the court where the action is pending that orders a person to attend and give testimony, to produce and permit inspection of designated books, documents, electronically stored information or tangible things, or to permit inspection of premises.
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The Oklahoma witness fee is Ten Dollars ($10.00) for each day of attendance where a person appears from this state pursuant to an order, subpoena, or other lawful means of compelling appearance (28 O.S. 81(A)(3)).
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Oklahoma rounds mileage to whole miles. Parts of a mile are rounded to the nearest whole number of miles, and where the total mileage actually and necessarily traveled is less than one and one-half miles, no mileage is allowed (28 O.S. 81(B)).
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The mileage rate is a ceiling rather than a fixed figure. Travel is reimbursed at rates not to exceed those prescribed for state employees, and 74 O.S. 500.4(C) caps that at the IRS standard mileage rate for a business expense deduction, with distances claimed as actual business miles based on a recognized Global Positioning System.
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Service requires tender. Under 12 O.S. 2004.1(B)(1), if the person's attendance is demanded, service is made by delivering or mailing a copy and by tendering the fees for one day's attendance and the mileage allowed by law. Any person eighteen or older may serve it.
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A documents-only subpoena on a nonparty needs a production date at least seven days after the subpoena and copies are served on the witness and all parties, and the subpoena must carry the statute's objection sentence verbatim (12 O.S. 2004.1(B)(1)).
- 7
An Oklahoma plaintiff needs leave of court to serve a subpoena for the production of documentary evidence on a nonparty before thirty days have expired after service of the summons and petition on any defendant (12 O.S. 2004.1(A)(5)).
Key decisions before you file
Before you file a Subpoena in Oklahoma, a few decisions shape the document: which option to choose and what each one means. The Subpoena guide walks through them.
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Oklahoma Requirements for Subpoena
Witness Fee of Ten Dollars a Day
28 O.S. 81(A)(3) gives a witness who appears from Oklahoma pursuant to an order, subpoena, or other lawful means for compelling appearance Ten Dollars ($10.00) for each day of attendance, whether or not testimony or other evidence is actually adduced.
No Mileage Under One and One-Half Miles
28 O.S. 81(B) provides that parts of a mile shall be rounded to the nearest whole number of miles, and that where the total mileage actually and necessarily traveled is less than one and one-half miles, no mileage shall be allowed. A witness from nearby gets the day fee alone.
Travel Capped at the State Employee Rate
28 O.S. 81(A)(3) reimburses travel at rates not to exceed those prescribed by law for reimbursement for state employees, and 74 O.S. 500.4(C) caps that at the amount the Internal Revenue Service prescribes for the standard mileage rate allowed for a business expense deduction, with distances claimed as actual business miles based on a recognized Global Positioning System.
Tender One Day's Fees at Service
12 O.S. 2004.1(B)(1) makes service on a person whose attendance is demanded a matter of delivering or mailing a copy and tendering the fees for one day's attendance and the mileage allowed by law. Any person eighteen years of age or older may serve it. Later days are paid the day before each additional day under 28 O.S. 81(D)(1).
Seven Days for a Documents-Only Subpoena
Where a subpoena commands production of documents and things or inspection of premises from a nonparty before trial but does not require attendance, 12 O.S. 2004.1(B)(1) requires a production date at least seven days after the date the subpoena and copies of it are served on the witness and all parties.
One Sentence Must Appear Word for Word
12 O.S. 2004.1(B)(1) requires a documents-only nonparty subpoena to include this language: in order to allow objections to the production of documents and things to be filed, you should not produce them until the date specified in this subpoena, and if an objection is filed, until the court rules on the objection.
Leave of Court in the First Thirty Days
12 O.S. 2004.1(A)(5) requires leave of court for issuance of a subpoena for the production of documentary evidence if the plaintiff seeks to serve it on a nonparty before thirty days have expired after service of the summons and petition on any defendant.
Fourteen Days to Object, Contempt If Ignored
12 O.S. 2004.1(C)(2)(b) allows a written objection within fourteen days after service, or before the compliance time if that is sooner. 12 O.S. 2004.1(E) provides that failure by any person without adequate excuse to obey a subpoena may be deemed a contempt of the court from which the subpoena issued.