by admin | May 14, 2021 | Criminal Procedure, Oklahoma
When a material witness for a defendant under a criminal charge is a prisoner in a state prison or in a county jail of a county other than that in which the defendant is to be tried, his deposition may be taken on behalf of the defendant in the manner provided for in...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The deposition or certified copy thereof may be read in evidence by either party on the trial upon its appearing that the witness is unable to attend by reason of his death, insanity, sickness, or infirmity, or of his continued absence from the state. Upon reading the...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The testimony given by the witness must be reduced to writing. The magistrate before whom the examination is had may, in his discretion, order the testimony and proceedings to be taken down in shorthand, and for that purpose he may appoint a shorthand reporter. The...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The attendance of the witness may be enforced by subpoena issued by the magistrate before whom the examination is to be taken, or from the court where the trial is to be had. R.L.1910, § 6032.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
If the district attorney or other counsel appear on behalf of the people, and it is shown to the satisfaction of the magistrate by affidavit or other proof, or on examination of the witness, that he is not about to leave the state, or is not sick or infirm, or that...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The order must direct that the examination be taken before a magistrate named therein or upon agreement of both the state and defendant before a certified court reporter. The defendant must be present for the examination to proceed, unless the presence of the...
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