Okla. Stat. tit. 38, § 38-19 — OK Code / Title 38 / Section 38-19
Generation of names for general panel
Status: in_force

A. The Administrative Director of the Courts shall cause to be

generated, from the list of names of all persons who are known to be

qualified jurors under the law, the general panel of jurors as

required under Section 20 of this title or the list of prospective

multicounty grand jurors as required under Section 359 of Title 22

of the Oklahoma Statutes.

B. In any district court where an electronic jury management

system is implemented pursuant to Section 13 of this act, the

general jury panel for petit and county grand juries may be

generated by the court clerk or trial court administrator utilizing

the random selection processes provided in the jury management

system.
Okla. Stat. tit. 38, § 38-18.1 — OK Code / Title 38 / Section 38-18.1
Alternative plan for selection of jurors with aid of
Status: in_force

mechanical or electronic means.

A. In lieu of any other procedure now provided by law, the

judge in charge of court administration in the county may, by order,

adopt a plan for the selection of qualified jurors for jury service

with the aid of mechanical or electronic means and implement such

plan upon its approval by the Supreme Court.

B. Any such plan so adopted shall conform to the following

requirements:

1. A complete plan shall be proposed in writing and submitted

for approval by the Supreme Court.

Oklahoma Statutes - Title 38. Jurors Page 3

2. It shall provide a fair, impartial and objective method of

selecting persons for jury service with the aid of mechanical or

electronic equipment.

3. It shall designate the court clerk as the official to be in

charge of the selection process and shall define the duties of the

court clerk.

4. It shall specify that a true and complete written list

showing the names and addresses of the persons summoned to begin

jury service on a particular date shall be filed of record with the

court clerk at least ten (10) days prior to the date such persons

are to begin jury service.

C. In any county where such a plan is adopted, as provided in

this section, the laws relating to the selection of petit jurors by

use of a jury wheel shall not apply. In such counties, a municipal

court, at the option of the municipal judge, may select jurors in

the same manner as provided for by the plan. The municipal court

clerk shall be designated to fulfill the duties provided in the plan

for the district court clerk.
Okla. Stat. tit. 38, § 38-102 — OK Code / Title 38 / Section 38-102
Order determining sufficiency or insufficiency of petition
Status: in_force

- Amended petition - Appeal of order.

Within four (4) days, excluding Saturdays, Sundays and holidays,

following the initial filing of any petition calling for the

impaneling of a grand jury, the presiding district judge shall enter

an order stating whether the face of the petition contains a

reasonably specific identification of areas to be inquired into and

sufficient general allegations to warrant a finding that such

inquiry may lead to information which, if true, would warrant a true

bill of indictment or action for removal. An order determining such

petition to be deficient shall quash said petition, and shall set

forth clearly in writing each and every deficiency found by said

judge. Petitioners shall have two (2) days to amend the petition to

conform to the district judge's order. Upon the filing of said

amended petition, the district judge shall enter an order within two

(2) days stating whether the face of the amended petition contains

the requirements set forth in this section. Any such order quashing

an amended petition shall be appealable when entered. An order

determining such petition or amended petition to be sufficient shall

not be appealable.
Okla. Stat. tit. 38, § 38-21 — OK Code / Title 38 / Section 38-21
Drawing of names - Additional drawings - Period of service
Status: in_force

If a grand jury is ordered, the number stated in the judge's

order, not to exceed one hundred, shall be summoned as grand jurors,

and the grand jury shall be impaneled from said persons. The judge

of the district court shall order the court clerk, one of his or her

deputies or the court administrator to order the stated number of

jurors from the Administrative Director of the Courts. In any

district court where an electronic jury management system is

implemented pursuant to Section 13 of this act, the judge may order

the stated number of jurors to be randomly selected and summoned by

the court clerk or trial court administrator utilizing the jury

management system, and the district court may use the jury

management system to randomly select the names of the grand or petit

jurors and alternate jurors from the panels so drawn. In addition

to the twelve (12) grand jurors to be impaneled, three additional

persons shall be selected as alternate grand jurors. The alternate

grand jurors shall attend all functions of the grand jury during its

term and shall be subject to all laws governing grand jurors.

Provided that, no alternate juror shall participate in any

deliberations of the grand jury until appointed to fill a vacancy.

If the judge so directs, the persons summoned for the grand jury

panel who are not used thereon may be transferred to the petit jury

panel. Additional and other drawing of as many names as the court

may order may be had at any such time as the court or judge may

order for the completion of a grand or petit jury panel, or for the

impaneling of a new grand or petit jury if, in the judgment of the

court, the same shall be necessary, or if, for any cause, the court,

in its discretion, shall deem other jurors necessary. The court may

excuse or discharge any person drawn and summoned as a grand or

petit juror whenever, in its discretion, such action shall be deemed

expedient. No person may be required to render service as a petit

Oklahoma Statutes - Title 38. Jurors Page 8

juror for more than one (1) day in any one calendar year unless he

or she is selected to serve in a trial or is under consideration to

serve in a trial and such consideration covers a period of two (2)

or more days. Once selected, a juror shall serve on the jury for

the duration of the trial unless excused by the presiding judge.
Okla. Stat. tit. 38, § 38-29 — OK Code / Title 38 / Section 38-29
Substantial compliance
Status: in_force

Substantial compliance with the provisions of this chapter,

shall be sufficient to prevent the quashing or setting aside of any

indictment of a grand jury chosen hereunder, unless irregularity in

drawing, summoning or impaneling the grand jury resulted in

depriving a defendant of some substantial right, but such

irregularity must be specifically presented to the court on or

before the cause is first set for trial. A substantial compliance

with the provisions of this chapter, shall be sufficient to prevent

the setting aside of any verdict rendered by a jury chosen

hereunder, unless the irregularity in drawing, and summoning or

impaneling the same, resulted in depriving a party litigant of some

substantial right; provided, however, that such irregularity must be

specifically presented to the court at or before the time the jury

is sworn to try the cause.
Okla. Stat. tit. 38, § 38-23.1 — OK Code / Title 38 / Section 38-23.1
On-call system - Trailing docket system
Status: in_force

A. In those district courts in which an on-call system is

implemented by order of the chief judge of the district court, each

juror retained for services subject to call shall be required to

contact a center for information as to the time and place of his or

her next assignment.

B. For purposes of this section, “on-call system” means a

method whereby the chief judge of a district court summonses a jury

panel to serve as potential jurors on a specific case.

C. Pursuant to summons for service on petit juries in the

district court, each qualified, nonexempt juror is retained for

service subject to call and is assigned to a judge or a case.

D. In those districts in which an on-call system is implemented

by order of the chief judge of the trial court, no person shall be

required to render service as a juror for more than one (1) day in a

calendar year, unless he or she is selected to serve in a trial or

is under consideration to serve in a trial and such consideration

covers a period of two (2) or more days. Once selected, a juror

shall serve on the jury for the duration of the trial unless excused

by the presiding judge.

E. In those districts in which a trailing docket system is

implemented by order of the chief judge of the trial court, no

person shall be required to render service as a juror for more than

five (5) days in a calendar year, unless he or she is selected to

serve in a trial or is under consideration to serve in a trial and

such consideration covers a period of five (5) or more days. Once

selected, a juror shall serve on the jury for the duration of the

trial, unless excused by the presiding judge.

F. For purposes of this section “trailing docket system” means

a method whereby the chief judge of the district court summonses a

jury panel to serve for a fixed number of days to determine the

outcome of all cases on the docket in sequential order.
Okla. Stat. tit. 38, § 38-107 — OK Code / Title 38 / Section 38-107
Presentation of certified petition to presiding district
Status: in_force

judge - Determination of sufficiency - Order.

Upon receipt by the court clerk of a certification of the number

of qualified electors who have signed a petition for grand jury, the

presiding district judge shall determine whether or not that number

meets the requirement of a grand jury petition pursuant to Section

18 of Article II of the Oklahoma Constitution. Should such number

be sufficient, and should all other requirements stated above be

met, the presiding district judge shall order the impaneling of a

grand jury to convene within thirty (30) days of the date the

certification was received by the court clerk from the election

board.
Okla. Stat. tit. 38, § 38-37 — OK Code / Title 38 / Section 38-37
Adverse action against student for jury service prohibited
Status: in_force

No school, college, university, or other educational institution

may take or permit to be taken any adverse academic action against a

student because of the student's service on a grand, multicounty

grand, or petit jury.
Okla. Stat. tit. 38, § 38-28.1 — OK Code / Title 38 / Section 38-28.1
Postponements
Status: in_force

A. Individuals scheduled to appear for jury service have the

right to postpone the date of their initial appearance for jury

Oklahoma Statutes - Title 38. Jurors Page 13

service one time only. When requested, postponements shall be

granted, provided that:

1. The juror has not previously been granted a postponement;

2. The prospective juror appears in person or contacts the

clerk of the court by telephone, electronic mail, or in writing to

request a postponement; and

3. Prior to the grant of a postponement with the concurrence of

the clerk of the court, the prospective juror fixes a date certain

on which he or she will appear for jury service that is not more

than six (6) months after the date on which the prospective juror

originally was called to serve and on which date the court will be

in session unless the prospective juror is permanently excused.

B. A subsequent request to postpone jury service may be

approved by a judicial officer only in the event of an extreme

emergency, such as a death in the family, sudden grave illness, or a

natural disaster or a national emergency in which the prospective

juror is personally involved, that could not have been anticipated

at the time the initial postponement was granted. Prior to the

grant of a second postponement, the prospective juror must fix a

date certain on which the individual will appear for jury service

within six (6) months of the postponement on a date when the court

will be in session.
Okla. Stat. tit. 38, § 38-18 — OK Code / Title 38 / Section 38-18
Licensed drivers list - Time period - Volunteers - Name and
Status: in_force

address changes.

For the purpose of ascertaining names of all persons qualified

for jury service:

1. The Commissioner of Public Safety shall cause to be provided

to the Administrative Director of the Courts, not later than the

first day of October of each year, a list by county of residence of

persons who reside in the county, who are eighteen (18) years of age

or older, and who are holders of a current driver license or a

current identification license issued by the Department of Public

Oklahoma Statutes - Title 38. Jurors Page 2

Safety. The list shall contain the name, date of birth, and mailing

address of each person listed. The list may be maintained in

electronic format and shall be used exclusively for jury selection

purposes. The Administrative Director of the Courts and the court

clerk shall not copy or permit any person to copy the list or any

portion thereof for purposes other than jury selection;

2. All names and addresses of the persons so listed under the

provisions of paragraph 1 of this section shall be used thereafter

in the selection of juries; provided, however, no jury panel shall

be quashed because of a duplication of names;

3. The list will be furnished by the Administrative Director of

the Courts to the district courts according to the period of time

and in the format prescribed by the Administrative Director of the

Courts, and the district courts may maintain and use the list in

electronic format as a necessary part of an approved electronic jury

management system implemented pursuant to Section 13 of this act;

4. The provisions of this section shall not be construed to

preclude persons otherwise qualified to serve as jurors from

volunteering for jury service in a manner prescribed by the

Administrative Director of the Courts; and

5. The Administrative Director of the Courts, the trial court

administrator or the court clerk may accept changes or corrections

in a mailing address or county of residence of a qualified juror

from such qualified juror or from an electronic address verification

process implemented pursuant to Section 13 of this act. Changes may

be accepted in any manner prescribed by the Administrative Director

of the Courts.
Okla. Stat. tit. 38, § 38-36 — OK Code / Title 38 / Section 38-36
Protections for juror identity
Status: in_force

A. Persons serving as jurors during a trial shall not be asked

or required to give their complete residence address or telephone

number in the presence of the defendant.

B. Names and personal information concerning prospective and

sitting jurors shall not be disclosed to the public outside open

court, except upon order of the court. A request for disclosure of

petit jurors' names and personal information shall be made in

writing directly to the presiding judge or chief judge, or any

district judge acting as his or her designee. The court shall order

juror names and personal information to be kept confidential unless

the interests of justice require otherwise.

C. Names and personal information concerning prospective petit

jurors may be provided to the attorneys of record after the general

panel jurors have been selected and summoned, unless otherwise

directed by the court. The names and information will be provided

in written form only, hereafter referred to as "the jury list". The

attorneys shall not share the jury list or information contained in

the jury list except as necessary for purposes of jury selection.

Following jury selection, the attorneys shall return the original

jury lists and any copies to the court. Counsel shall be under a

continuing duty to protect the confidentiality of juror information.

D. The names of grand jurors shall not be maintained in any

public record or otherwise disclosed to the public except upon an

order of the court issued on a showing that exceptional

circumstances have created a demonstrated need for disclosure.
Okla. Stat. tit. 38, § 38-108 — OK Code / Title 38 / Section 38-108
Civil liability of petitioners
Status: in_force

Any person responsible for the creation, drafting or circulating

of a grand jury petition may be held liable for civil damages for

libel or slander due to any false allegation made in the body of

said petition, if such allegations are proven to be made with malice

and with an ulterior or illicit purpose.
Okla. Stat. tit. 38, § 38-18.2 — OK Code / Title 38 / Section 38-18.2
Electronic jury management systems
Status: in_force

A. In lieu of a local plan adopted pursuant to subsection A of

Section 18.1 of Title 38 of the Oklahoma Statutes, each district

court may utilize an approved electronic jury management system

(JMS) authorized by the Administrative Director of the Courts for

the random selection of grand and petit jurors and for the general

administration of the jury process. In any district court where an

approved electronic JMS is implemented, the provisions set forth in

this section shall apply.

B. The clerk of the district court shall manage the jury

selection process, under the supervision and control of the

presiding judge or chief judge or any other district judge acting as

his or her designee. In district courts with a trial court

administrator, the court administrator may be authorized to manage

some or all of the jury selection process, under the supervision and

control of the presiding judge or chief judge or any other district

judge acting as his or her designee. In managing the jury selection

process, the court clerk and the trial court administrator are

authorized to delegate duties to their staff and to utilize the

electronic processes, random selection functionality and data

processing services of the authorized JMS, as may be necessary in

the jury selection and maintenance process.

C. In each district court, the presiding judge or chief judge

or any other district judge acting as his or her designee shall,

more than twenty (20) days prior to each term of court, determine

approximately the number of jurors that are reasonably necessary to

Oklahoma Statutes - Title 38. Jurors Page 4

meet the needs of the district court for each jury term and shall

order the drawing of that number of jurors, either all at one time

or at periodic intervals, in advance of each term as he or she deems

proper.

D. The court clerk or the trial court administrator may utilize

the JMS to randomly draw a sufficient number of names from the

source list provided by the Administrative Director of the Courts,

pursuant to Section 18 of Title 38 of the Oklahoma Statutes, to

satisfy the number of jurors ordered by the judge, including a

margin of extra names sufficient to compensate for the estimated

number that will be unavailable or ineligible. The names drawn

shall comprise the general panel of jurors from which jurors are

selected for service in the district court during the period for

which they are designated to serve. The court clerk or the trial

court administrator may use the JMS to draw jury panels in

accordance with the local district court procedures, including jury

panels for an "on call" jury system or a "trailing" jury system.

The Administrative Director of the Courts, the trial court

administrator and the court clerk shall not disclose, copy or permit

any person to copy any general panel jury list or any portion

thereof except as provided in Section 36 of Title 38 of the Oklahoma

Statutes.

E. The court clerk or the trial court administrator may utilize

the JMS to prepare the summons for jury service and shall cause the

same to be mailed by first-class mail to every person whose name is

drawn for the general jury panel. At the option of the court clerk

or trial court administrator, juror summons may be mailed by the

clerk's office or by a commercial mailing service. The court may

utilize an automated address verification process to avoid mailing

summons to incomplete or invalid addresses or to persons who no

longer reside in the jurisdiction.

F. The court clerk or the trial court administrator may utilize

the JMS to randomly select names of prospective jurors for

assignment to a specific trial or grand jury, collectively referred

to as "case panel". The court clerk or the trial court

administrator shall produce a written list of each case panel, with

the names of the jurors selected for the case panel appearing in a

random sequential order assigned by the JMS. The court and the

attorneys of record in the case may be provided with a copy of the

written case panel list. No person shall disclose, copy or permit

any other person to copy the list or any portion of the list for

purposes other than jury selection. The judge, court clerk or court

staff may call the individual jurors and alternate jurors to be

impaneled in the case or on a grand jury, one by one, in the order

by which they appear on the written case panel list. Whenever a

juror is dismissed for cause or preemptory challenge, the juror

Oklahoma Statutes - Title 38. Jurors Page 5

whose name next appears on the written list may be called, and this

process shall continue until the jury is sworn or affirmed.

G. Use of an approved electronic JMS shall not be grounds for a

challenge to a juror or a panel based on a material departure or

irregularity from the requirements prescribed by law. Whenever the

court utilizes the approved JMS to randomly select and sequentially

order juror names during any step in the jury selection process, the

laws relating to the selection of grand or petit jurors by use of a

jury wheel, and laws requiring paper ballots drawn from a jury wheel

or a shaken box, including those requirements set forth in Sections

301 through 363 and Sections 591 through 693 of Title 22 of the

Oklahoma Statutes, shall not apply.

H. The court clerk or the trial court administrator may utilize

the JMS for the creation and maintenance of all records and

documents necessary to summon, qualify, manage and pay jurors for

service and may maintain jury records in electronic format utilizing

the data processing methods which are provided in the JMS.

I. Each district court may provide electronic resources,

including but not limited to an automated telephone system and a

website, for jurors to obtain information about their jury service

and submit information to the court.

J. The court may utilize the JMS to prepare and mail juror

questionnaires and may provide for jurors to answer juror

questionnaires either by mail or by the court's website.

K. Nothing in this section shall be construed to minimize or

repeal the authority granted in Section 18.1 of Title 38 of the

Oklahoma Statutes regarding use of an approved electronic method for

jury selection.
Okla. Stat. tit. 38, § 38-103 — OK Code / Title 38 / Section 38-103
Signatures - Time allowed - Requisite number
Status: in_force

Oklahoma Statutes - Title 38. Jurors Page 17

Upon the entering of an order determining the petition to be

sufficient, or upon the successful appeal of an order determining

the petition to be insufficient, the circulators of said petition

shall have forty-five (45) days to obtain a sufficient number of

signatures to impanel a grand jury. Failure to obtain the requisite

number of signatures within that time period shall render the

petition null and void.
Okla. Stat. tit. 38, § 38-23 — OK Code / Title 38 / Section 38-23
Juries - Standard form of summons - Service
Status: in_force

A. The Administrative Director of the Courts shall develop a

standard form to be used as a summons for service on the grand and

petit juries in the district courts of this state. The standard

form shall include the time, place and the name of the court where

said jurors are required to attend.

B. The summons shall be served by mailing a copy of such

summons to the person selected for service not less than ten (10)

days before the day said person is to appear as a juror in such

court. The person mailing the summons shall make a return of such

service by filing an affidavit stating the date of mailing the

summons; provided, that this shall not prevent service of special

venire or talesman by the sheriff of the county.

C. In any district court where an electronic jury management

system is implemented pursuant to Section 13 of this act, grand and

petit jurors may be summoned by using the automated process of

creating and mailing juror summons provided in the electronic jury

Oklahoma Statutes - Title 38. Jurors Page 9

management system. The Administrative Director of the Courts shall

develop a standard juror summons form to be used in the system,

which shall include a section for the district court to add

information specific to the local court. Where the court follows

the procedures for creating and mailing the summons as set forth in

Section 13 of this act, the return-of-service affidavit required by

subsection B of this section need not be filed.
Okla. Stat. tit. 38, § 38-20.1 — OK Code / Title 38 / Section 38-20.1
Jury panel - Oath or affirmation
Status: in_force

A. Each member of the general jury panel, when reporting for

duty as provided for in Section 20 of this title, shall take and

subscribe to an oath or affirmation which shall be in substantially

the following form:

OATH

I, the undersigned, do solemnly swear or affirm that I am a

citizen of the United States and a resident of the State of

Oklahoma, County of __________. I further swear or affirm that I am

eighteen years of age or older.

I further swear or affirm that I have not been convicted of a

felony for which a period of time equal to the original judgment and

sentence has not expired, or for which I have not been pardoned. I

further swear or affirm that I am not now adjudicated as being

Oklahoma Statutes - Title 38. Jurors Page 7

mentally incompetent and that I do not otherwise have a mental

condition which makes me incapable of performing jury service.

I state under penalty of perjury under the laws of Oklahoma that

the foregoing is true and correct.

________________________________________________ ________________

(Signature or mark of general jury panel member) (Date and place)

B. The oath or affirmation provided for in subsection A of this

section shall be maintained in the office of the court clerk as a

judicial record. The oath or affirmation required by this section

may be taken and signed using an electronic method provided by the

court for such purposes, either through the website of the court or

otherwise, and may be maintained by the court clerk in electronic

format.
Okla. Stat. tit. 38, § 38-101 — OK Code / Title 38 / Section 38-101
Grand jury petition - Circulation - Sufficiency
Status: in_force

Beginning November 1, 1989, any person, group of persons or

organization desiring to circulate a petition for the impaneling of

a grand jury, pursuant to the provisions of Section 18 of Article II

of the Oklahoma Constitution shall file a copy of said petition with

the court clerk of the county prior to the obtaining of any

signatures upon such petition. Any such petition, upon its face,

shall state the subject matter or matters of the prospective grand

jury and shall state a reasonably specific identification of areas

to be inquired into and sufficient general allegations to warrant a

finding that such inquiry may lead to information which, if true,

would warrant a true bill of indictment or action for removal of a

particular public official.
Okla. Stat. tit. 38, § 38-20 — OK Code / Title 38 / Section 38-20
Drawing general panel - Authority of judges - Report for
Status: in_force

duty.

A. In each county, the judges of the courts of record shall,

more than ten (10) days prior to each term of court, determine

approximately the number of jurors that are reasonably necessary for

jury service in all the courts of record of the county for each jury

period during the time the courts may hold during the term and shall

thereupon order the number of jurors from the Administrative

Director of the Courts for each jury period, said jury to be known

as the general panel of jurors for service in all the courts of such

county for the respective weeks for which they are designated to

serve. A majority of the judges are authorized to act in carrying

out the provisions of this law; provided, however, there is only one

judge in the county or where the district judge so designates in

writing the judge of the court of record using the jury is

authorized to act in carrying out the provisions of this law or he

or she may increase or diminish the number of jurors to be selected

for any jury period, and shall order said jurors drawn for as many

weeks in advance of service as they or he or she deem proper. The

general panel shall report for duty to the presiding judge or chief

judge or other district court judge acting as his or her designee

or, if none, to the judge of the court of record using the jury, and

said judge, for such time as he or she so acts, shall organize said

juries and have immediate supervision and control of them.

B. In any district court where an electronic jury management

system is implemented pursuant to Section 13 of this act, the

general panel of jurors may be generated by the court clerk or trial

court administrator using the random juror selection process and

functionality which is provided in that system.
Okla. Stat. tit. 38, § 38-34 — OK Code / Title 38 / Section 38-34
Termination, removal or other adverse employment action for
Status: in_force

employee’s jury service - Use of sick leave or vacation leave -

Penalty - Postponement of service.

A. Any person who is summoned to serve as a juror and who

notifies his or her employer of such summons within a reasonable

period of time after receipt of a summons and prior to his or her

appearance for jury duty may not be terminated, removed or otherwise

subject to any adverse employment action as a result of such

service.

B. An employee may not be required or requested to use annual,

vacation, or sick leave for time spent responding to a summons for

jury duty, time spent participating in the jury selection process,

or time spent actually serving on a jury. Nothing in this provision

shall be construed to require an employer to provide annual,

vacation, or sick leave to such employees who otherwise are not

entitled to such benefits under company policies.

C. Every person, firm or corporation who discharges an

employee, causes an employee to be discharged, takes other adverse

action against an employee or requires an employee to use sick,

annual or vacation leave because of said employee’s absence from

employment by reason of said employee’s having been required to

serve as a grand, multicounty grand, or petit juror on a grand,

multicounty grand, or petit jury shall be guilty of a misdemeanor

and, upon conviction, shall be punishable by a fine not to exceed

Five Thousand Dollars ($5,000.00). The provisions of this section

shall not require an employer to pay an employee wages for the time

the employee is absent from employment for jury duty unless the

employee uses paid leave for that purpose. It shall be the decision

of the employee whether to use paid leave or take leave without pay

for absence from employment for jury duty.

D. A court shall automatically postpone and reschedule the

service of a summoned juror who is employed by an employer with five

or fewer full-time employees, or their equivalent, if another

employee of that employer has previously been summoned to appear

during the same period. Such postponement will not effect an

individual’s right to one automatic postponement under Section 9 of

this act.
Okla. Stat. tit. 38, § 38-35 — OK Code / Title 38 / Section 38-35
Civil liability - Damages
Status: in_force

Every person, firm or corporation who discharges an employee,

causes an employee to be discharged, takes other adverse action

Oklahoma Statutes - Title 38. Jurors Page 15

against an employee or requires an employee to use sick, annual or

vacation leave because of said employee’s absence from employment by

reason of said employee’s having been required to serve as a grand,

multicounty grand, or petit juror on a grand, multicounty grand, or

petit jury shall be liable to the employee in a civil action at law

for both actual and exemplary damages. Damages shall include all

pecuniary losses suffered including, but not limited to, lost

earnings, both past and future, the value of lost leave, mental

anguish and all reasonable damages incurred in obtaining other

suitable employment. The provisions of this section shall not

require an employer to pay an employee wages for the time the

employee is absent from employment for jury duty unless the employee

takes paid leave for that purpose. It shall be the decision of the

employee whether to use paid leave or take leave without pay for

absence from employment for jury duty.
Okla. Stat. tit. 38, § 38-28 — OK Code / Title 38 / Section 38-28
Qualifications and exemptions
Status: in_force

A. It is the policy of this state that all citizens qualified

for jury service pursuant to this section have an obligation to

serve on petit juries when summoned by the courts of this state,

unless excused.

B. All citizens of the United States, residing in this state,

having the qualifications of electors of this state, are competent

jurors to serve on all grand and petit juries within their counties;

provided, that persons over seventy (70) years of age and persons

who have served as a grand or petit juror during the last five (5)

immediately preceding calendar years shall not be compelled to serve

as jurors in this state and the court may excuse or discharge any

juror drawn and summoned as a grand or petit juror if:

1. The prospective juror has a mental or physical condition

that causes him or her to be incapable of performing jury service.

The juror, or the juror's personal representative, shall provide the

court with documentation from a physician, physician assistant, or

advanced practice registered nurse licensed to practice medicine

verifying that a mental or physical condition renders the person

unfit for jury service for a period of up to twenty-four (24)

months; or

2. Jury service would cause undue or extreme physical or

financial hardship to the prospective juror or a person under his or

her care or supervision. A judge of the court for which the

individual was called to jury service shall make undue or extreme

physical or financial hardship determinations. The authority to

make these determinations is delegable only to court officials or

personnel who are authorized by the laws of this state to function

as members of the judiciary. A person requesting to be excused

based on a finding of undue or extreme physical or financial

hardship shall take all actions necessary to have obtained a ruling

on that request by no later than the date on which the individual is

scheduled to appear for jury duty. For purposes of this section,

"undue or extreme physical or financial hardship" is limited to

Oklahoma Statutes - Title 38. Jurors Page 11

circumstances in which an individual would be required to abandon a

person under his or her personal care or supervision due to the

impossibility of obtaining an appropriate substitute caregiver

during the period of participation in the jury pool or on the jury,

incur costs that would have a substantial adverse impact on the

payment of the individual's necessary daily living expenses or on

those for whom he or she provides the principal means of support, or

suffer physical hardship that would result in illness or disease.

Undue or extreme physical or financial hardship does not exist

solely based on the fact that a prospective juror will be required

to be absent from his or her place of employment. A person

requesting a judge to grant an excuse based on undue or extreme

physical or financial hardship shall be required to provide the

judge with documentation, such as, but not limited to, federal and

state income tax returns, medical statements from licensed

physicians, proof of dependency or guardianship, and similar

documents, which the judge finds to clearly support the request to

be excused. Failure to provide satisfactory documentation shall

result in a denial of the request to be excused.

After two (2) years, a person excused from jury service shall

become eligible once again for qualification as a juror unless the

person was excused from service permanently. A person is excused

from jury service permanently only when the deciding judge

determines that the underlying grounds for being excused are of a

permanent nature.

C. Persons who are not qualified to serve as jurors are:

1. Justices of the Supreme Court or the Court of Civil Appeals;

2. Judges of the Court of Criminal Appeals or the district

court;

3. Sheriffs or deputy sheriffs;

4. Municipal or state law enforcement officers employed in any

county with a population of two hundred fifty-five thousand

(255,000) or more;

5. Federal law enforcement officers;

6. Licensed attorneys engaged in the practice of law;

7. Persons who have been convicted of any felony or who have

served a term of imprisonment in any penitentiary, state or federal,

for the commission of a felony; provided, any such citizen

convicted, who has been fully restored to his or her civil rights,

shall be eligible to serve as a juror; and

8. Legislators during a session of the Legislature or when

involved in state business.

D. Jailers, or municipal or state law enforcement officers in a

county with a population of less than two hundred fifty-five

thousand (255,000), shall be eligible to serve on noncriminal

actions only.

Oklahoma Statutes - Title 38. Jurors Page 12

E. Upon his or her request, a person shall be exempt from

service as a juror if the person is:

1. A member of the Armed Forces of the United States who is

serving on active duty during a time of war or declared hostilities;

or

2. A mother who is breast-feeding a baby.

F. The district court may provide electronic resources for

persons summoned for jury duty to obtain information about their

jury service and to submit information to the court, including but

not limited to communications via telephone, text message,

electronic mail and website. The court may utilize an approved

electronic jury management system to record, process, respond to,

and maintain juror communications. The court clerk and the trial

court administrator, under the supervision and control of the

presiding judge or chief judge, or any district judge acting as his

or her designee, may be authorized to make determinations regarding

juror excusals, exemptions, disqualifications, postponements and

deferrals. However, determinations regarding extreme physical or

financial hardship shall be made as provided in paragraph 2 of

subsection B of this section.

G. Information provided to the court pursuant to this section

by persons summoned for jury service shall be used exclusively for

purposes of determining jury disqualifications or excusals. No

person shall disclose, copy or permit any person to copy this

information for purposes other than jury management.
Okla. Stat. tit. 38, § 38-106 — OK Code / Title 38 / Section 38-106
Filing completed petition - Duties of court clerk and
Status: in_force

election board.

Upon the obtaining of the signatures, and within the forty-five

day time limitation provided in Section 3 of this act, the completed

petitions shall be filed with the court clerk. The court clerk

shall copy said petitions and deliver the originals on the next

business day, excluding Saturdays, Sundays and holidays, to the

election board. Upon the delivery of said petitions to the election

board, the board shall have seven (7) business days, excluding

Saturdays, Sundays and holidays, to determine how many of the

Oklahoma Statutes - Title 38. Jurors Page 18

signers of said petitions are qualified electors within the county

and shall return, not later than the seventh business day, excluding

Saturdays, Sundays and holidays, the original petitions to the court

clerk together with a certification of the number of such signers

who are qualified electors within the county.
Okla. Stat. tit. 38, § 38-105 — OK Code / Title 38 / Section 38-105
Removal of name from petition - Request
Status: in_force

Any person who signs a grand jury petition and subsequently

desires to have his or her name removed from such petition may, at

any time prior to a determination by the election board of the

number of signatures on the petitions, have his or her name removed

from said petition by filing a request for removal with the court

clerk of the county. If such request is filed with the court clerk

prior to the filing of the signed petitions, the court clerk shall

hold such notice and deliver it to the election board at such time

as the petitions are delivered. If such request is filed after the

filing of the signed petitions, the court clerk shall deliver it to

the election board. If such request is filed after the election

board has certified the number of signatures of said petition, such

request shall be void. Such request shall clearly state the desire

of the person to have his or her name removed from the grand jury

petition currently in circulation and shall bear the signature and

address of the person making the request.
Okla. Stat. tit. 38, § 38-22 — OK Code / Title 38 / Section 38-22
Deficiency of jurors
Status: in_force

In the event of a deficiency of jurors at any given time to meet

the needs of the district court, the presiding judge or chief judge,

or other district court judge acting as his or her designee, having

control of the general panel shall direct the court clerk or trial

court administrator to request from the administrative Director of

the Courts such additional jurors as may be sufficient to meet the

court's requirements. In any district court where an electronic

jury management system is implemented pursuant to Section 13 of this

act, the additional jurors authorized by this section may be

randomly selected and summoned by the court clerk or trial court

administrator utilizing the electronic jury management system.
Okla. Stat. tit. 38, § 38-104 — OK Code / Title 38 / Section 38-104
Wrongfully or fraudulently procuring signature or removal
Status: in_force

of signature - Penalty.

Any person who offers any payment of money, any gratuity or

prize, or any other thing of value, or makes any statement known by

them to be false, and who makes such offer or statement to induce a

person to sign or to have his name removed from a petition to

impanel a grand jury, shall be guilty of a misdemeanor.