by admin | May 14, 2021 | Criminal Procedure, Oklahoma
When the commission is ordered, the defendant must serve upon the district attorney, without delay, a copy of the interrogatories to be annexed thereto, with three (3) days notice of the time at which they will be presented to the court or judge. The district attorney...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
If the court or the judge to whom the application is made, is satisfied of the truth of the facts stated and that the examination of the witness is necessary to the attainment of justice, an order must be made that a commission be issued to take his testimony, and the...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
The application may be made to the court or judge himself, and must be upon five (5) days’ notice to the district attorney. R.L.1910, § 6039.
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
Application must be made upon affidavit stating:1. The nature of the offense charged.2. The state of the proceedings in the action and that an issue of the fact has been joined therein.3. The name of the witness and that his testimony is material to the defense of the...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
When a material witness for the defendant resides out of the state the defendant may apply for an order that the witness be examined on a commission to be issued under the seal of the court, and the signature of the clerk, directed to some party designated as...
by admin | May 14, 2021 | Criminal Procedure, Oklahoma
When an issue of fact is joined upon an indictment or information the defendant may have any material witness residing out of the state examined in his behalf as prescribed in this article and not otherwise. R.L.1910, § 6036.
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