reglab/housing_qa huggingface dataset:
12 OK Stat § 12-394 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-394. Punishment for contempt - Liability to party injured.

|A. The punishment for the contempt provided in Section 393 of this title shall be as follows: When the witness fails to attend, in obedience to the subpoena, except in case of a demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding Fifty Dollars ($50.00). In other cases, the court or officer may fine the witness in a sum not exceeding Fifty Dollars ($50.00), or may imprison him in the county jail, there to remain until he shall submit to be sworn, testify or give his deposition. The fine imposed by the court shall be paid into the county treasury, and that imposed by the officer shall be for the use of the party for whom the witness was subpoenaed. The witness shall, also, be liable to the party injured for any damages occasioned by his failure to attend, or his refusal to be sworn, testify or give his deposition. |B. The punishment provided in this section shall not apply where the witness refuses to subscribe a deposition.R.L. 1910, § 5059. Amended by Laws 1980, c. 47, § 2, eff. Oct. 1, 1980.
12 OK Stat § 12-395 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-395. Discharge when imprisonment illegal.

|A witness so imprisoned by an officer before whom his deposition is being taken, may apply to a judge of a court of record, who shall have power to discharge him, if it appears that his imprisonment is illegal. |R.L. 1910, § 5060.
12 OK Stat § 12-396 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-396. Requisites of attachment - Order of commitment.

|Every attachment for the arrest, or order of commitment to prison of a witness by a court or officer, pursuant to this article, must be under the seal of the court or officer, if he have an official seal, and must specify, particularly, the cause of arrest or commitment; and if the commitment be for refusing to answer a question, such question must be stated in the order. Such order of commitment may be directed to the sheriff, coroner or any constable of the county where such witness resides, or may be at the time, and shall be executed by committing him to the jail of such county, and delivering a copy of the order to the jailor. |R.L. 1910, § 5061.
12 OK Stat § 12-397 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-397. Prisoner as witness or complaining or defending party - Release for examination - Notice - Attorney fee award prohibited - Writ of habeas corpus.

|A. A person confined in any prison in this state may by order of any court of record, be required to be produced for oral examination as a witness by the court in the county where he is imprisoned, but in all other cases his examination must be by deposition. |B. Any person or a prisoner confined in any prison or jail in this state who is the complaining party or defending party in any form of a civil action may apply for a Writ of Habeas Corpus for the purpose of having the prisoner appear before the court for an evidentiary hearing in which the court shall take testimony from the prisoner. The custodian of the prisoner shall be given prior notice of the application and fifteen (15) days to respond prior to the decision of the court. If the court issues such writ, it shall be issued and delivered to the custodian of the prisoner at least fifteen (15) days prior to the date the prisoner is to appear, shall order the custodian to be paid for all costs of transportation and shall order the prisoner to be delivered to the court named in the writ. The court shall not consider a writ of habeas corpus ad testificandum except for a hearing on the merits of the civil action. The court shall not award attorney fees and costs to the prevailing party in this matter. All pretrial hearings for the civil action that involve a prisoner shall be conducted by telephone, deposition or video conference.C. If upon application, the court issues a Writ of Habeas Corpus as provided in subsection B of this section, it shall order the person applying for such writ or other appropriate party to pay to the custodian executing the writ all costs of transporting the prisoner to and from the court. No court shall waive the requirement to pay the costs of transportation to the custodian. The writ shall also serve as a judgment against the prisoner, if the prisoner is the party ordered to pay transportation costs or was the party seeking the writ, and may be enforced by the detaining governmental unit without further order of any court for a period of five (5) years after the date of the writ. The custodian executing the release shall notify the prisoner and the court, at the time of delivery, of the costs of transportation.D. Any writ that fails to comply with all of the requirements of this section shall be void and unenforceable and no officer or employee of the custodian shall be liable for failing to execute said writ.R.L. 1910, § 5062. Amended by Laws 1993, c. 174, § 1, emerg. eff. May 10, 1993; Laws 2002, c. 402, § 2, eff. July 1, 2002; Laws 2004, c. 168, § 2, emerg. eff. April 27, 2004; Laws 2005, c. 159, § 2, emerg. eff. May 10, 2005.NOTE: Laws 2004, c. 168, § 18, providing for an effective date of Nov. 1, 2004, was repealed by Laws 2004, c. 382, § 4, emerg. eff. June 3, 2004.
12 OK Stat § 12-398 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-398. Examination by deposition - Custody.

|If a prisoner's testimony is taken by deposition, he shall remain in the custody of the official charged with the prisoner's custody. The official custodian shall afford reasonable facilities for the taking of the deposition. |R.L. 1910, § 5063. Amended by Laws 1993, c. 174, § 2, emerg. eff. May 10, 1993.
12 OK Stat § 12-399 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-399. Witness privileged.

|A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county, while going, returning or attending, in obedience to a subpoena. |R.L. 1910, § 5064.
12 OK Stat § 12-400 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-400. Witness may demand fees each day - Exception.

|At the commencement of each day after the first day, a witness may demand his fees for that day's attendance in obedience to a subpoena; and if the same be not paid, he shall not be required to remain, except witnesses subpoenaed by any state department, board, commission or legislative committee authorized by law to issue subpoenas shall be paid for their attendance and necessary travel as provided by law in other cases at the time their testimony is completed. |R.L. 1910, § 5065. Amended by Laws 1961, p. 63, § 3.
12 OK Stat § 12-411 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-411. Privilege.

|No testimony given by a witness before the House of Representatives or the Senate, or before any committee established by a Resolution of the House, or Senate, or Concurrent Resolution of the two Houses of the Legislature, shall be used as evidence in any criminal proceeding against him in any court, except in a prosecution for perjury committed in giving such testimony. But an official paper or record produced by him is not within the privilege. |Added by Laws 1957, p. 167, § 1.
12 OK Stat § 12-412 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-412. Procedure.

|In the case of proceedings before a committee that two-thirds (2/3) of the members of the full committee shall by affirmative vote have authorized such witness, to be granted immunity under this act with respect to the transactions, matters or things concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence by direction of the presiding officer and that an order of the district or superior court for the county wherein the inquiry is being carried on has been entered into the record requiring said person to testify or produce evidence. Such an order may be issued by a district or superior court judge upon application by a duly authorized representative of the House of Representatives or Senate or of the committee concerned. Neither house nor any committee thereof nor any joint committee of the two houses of the Legislature shall grant immunity to any witness without first having notified the Attorney General of the State of Oklahoma of such action and thereafter having secured the approval of the district or superior court for the county wherein the inquiry is being held. The Attorney General of the State of Oklahoma shall be notified of the time of each proposed application to the district or superior court and shall be given an opportunity to be heard with respect thereto prior to the entrance into the record of the order of the district or superior court. No witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section. |Added by Laws 1957, p. 168, § 2.
12 OK Stat § 12-413 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-413. Oaths.

|The President of the Senate, the Speaker of the House of Representatives, or a chairman of committee of the whole, or of any committee or either House of the Legislature, is empowered to administer oaths to witnesses in any case under their examination. |Added by Laws 1957, p. 168, § 3.
12 OK Stat § 12-414 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-414. Penalties.

|Every person who having been summoned as a witness by the authority of either house of the Legislature, to give testimony or produce papers upon any matter under inquiry before either house, or any committee of either house of the Legislature, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a fine of not more than Five Thousand Dollars ($5,000.00) nor less than One Hundred Dollars ($100.00), and imprisonment in a county jail for not less than one (1) month nor more than twelve (12) months. |Added by Laws 1957, p. 168, § 4.
12 OK Stat § 12-415 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-415. Disgrace as ground for refusal to testify.

|No witness is privileged to refuse to testify to any fact, or produce any paper, respecting which he shall be examined by either house of the Legislature, or by any committee of either house, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace or otherwise render him infamous. |Added by Laws 1957, p. 168, § 5.
12 OK Stat § 12-416 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-416. Prosecution.

|Whenever a witness summoned as mentioned in Section 4 of this act fails to testify, and the facts are reported to either house, the President of the Senate or Speaker of the House, as the case may be, shall certify the fact under the seal of the Senate or House to the Attorney General and district attorney of the county where the witness failed to appear, whose duty it shall be to bring the matter in the proper court by information or indictment for prosecution. |Added by Laws 1957, p. 168, § 6.
12 OK Stat § 12-417 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-417. Fees and mileage.

|Witnesses shall be paid the same fees and mileage as are paid in civil cases in district and superior courts. |Added by Laws 1957, p. 168, § 7.
12 OK Stat § 12-421 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-421. Modes of taking testimony.

|The testimony of witnesses is taken in three modes: |First. By affidavits.Second. By deposition.Third. By oral examination.R.L. 1910, § 5067.
12 OK Stat § 12-422 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-422. Affidavit defined.

|An affidavit is a written declaration, under oath, made without notice to the adverse party. |R.L. 1910, § 5068.
12 OK Stat § 12-426 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-426. Statement under penalty of perjury.

|A. Except as provided by subsection B of this section, whenever under any law of this state or under any rule, order or requirement made pursuant to the law of this state, any matter is required or permitted to be supported, evidenced, established or proved by the sworn statement, declaration, verification, certificate, oath or affidavit, in writing of the person making the same, the matter may with like force and effect be supported, evidenced, established or proved by the unsworn statement in writing of the person made and signed under penalty of perjury setting forth the date and place of execution and that it is made under the laws of this state. The statement may be substantially in the following form: |"I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct._______________________________________________________________(Date and Place)(Signature)"The signed statement shall constitute a legally binding assertion that the contents of the statement to which it refers are true. This section shall not affect any requirement for acknowledgment of an instrument affecting real property.B. The provisions of subsection A of this section shall not apply to:1. A deposition;2. Any oath of office;3. An oath required to be taken before a specified official other than a notary public; or4. Any notarial act, oath or affidavit required by Title 26 of the Oklahoma Statutes.Added by Laws 2002, c. 468, § 2, eff. Nov. 1, 2002. Amended by Laws 2020, c. 10, § 1, emerg. eff. May 7, 2020; Laws 2021, c. 362, § 1, eff. Nov. 1, 2021.
12 OK Stat § 12-431 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-431. Use of affidavit.

|An affidavit may be used to verify a pleading, to prove the service of a summons, notice or other process in an action, to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion or in any other case permitted by law. |R.L. 1910, § 5071.
12 OK Stat § 12-432 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-432. Where and before whom taken.

|An affidavit may be made in and out of this state, before any person authorized to administer oaths. |R.L. 1910, § 5072. Amended by Laws 1989, c. 230, § 1, eff. Nov. 1, 1989.
12 OK Stat § 12-551 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-551. Trial defined.

|A trial is a judicial examination of the issues, whether of law or fact, in an action. |R.L. 1910, § 4988.
12 OK Stat § 12-552 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-552. How issues arise - Kinds of issues.

|Issues arise on the pleadings, where a fact or conclusion of law is maintained by one party, and controverted by the other. There are two kinds: First, of law. Second, of fact. |R.L. 1910, § 4989.
12 OK Stat § 12-556 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-556. Trial of issues.

|Issues of law must be tried by the court, unless referred. Issues of fact arising in actions for the recovery of money, or of specific real or personal property, shall be tried by a jury, unless a jury trial is waived, or a reference be ordered, as hereinafter provided. |R.L. 1910, § 4993.
12 OK Stat § 12-556.1 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-556.1. Constituency of juries in civil actions - Trial without jury in certain cases.

|(a) Where the amount in controversy, as stated in the prayer for relief or an affidavit of a party, or as found by the court where the amount in controversy is questioned by the adverse party, does not exceed One Thousand Five Hundred Dollars ($1,500.00), the action shall be tried to the court without a jury. |(b) In actions for forcible entry and detainer, or detention only, of real property and collection of rents therefor a jury shall consist of six (6) persons.(c) Except as provided in parts (a) and (b) of this section, actions for the recovery of money or specific real or personal property or both shall be tried to a jury of twelve (12) persons (1) if a party requests the recovery of money in the sum of at least Ten Thousand Dollars ($10,000.00) or (2) if a party files an affidavit that the action involves at least Ten Thousand Dollars ($10,000.00) and the adverse party does not controvert the affidavit, or (3) if the adverse party controverts such an affidavit, if one is filed, and the court finds that the action involves at least Ten Thousand Dollars ($10,000.00); all other actions for the recovery of money or specific real or personal property or both shall be tried to a jury composed of six (6) persons.Added by Laws 1968, c. 371, § 2. Amended by Laws 1969, c. 331, § 1, emerg. eff. May 7, 1969; Laws 1991, c. 15, § 1.
12 OK Stat § 12-557 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-557. Certain issues of fact tried by court.

|All other issues of fact shall be tried by the court, subject to its power to order any issue or issues to be tried by jury, or referred as provided in this Code. |R.L. 1910, § 4994.
12 OK Stat § 12-571 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-571. Summoning jury.

|The general mode of summoning the jury is such as is or may be provided by law. |R.L. 1910, § 4996.
12 OK Stat § 12-572 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-572. Causes for challenging jurors.

|If there shall be impaneled, for the trial of any cause, any petit juror, who shall have been convicted of any crime which by law renders him disqualified to serve on a jury; or who has been arbitrator on either side, relating to the same controversy; or who has an interest in the cause; or who has an action pending between him and either party; or who has formerly been a juror in the same cause; or who is the employer, employee, counselor, agent, steward or attorney of either party; or who is subpoenaed as a witness; or who is of kin to either party; or any person who shall have served once already on a jury, as a talesman on the trial of any cause, in the same court during the term, he may be challenged for such causes; in either of which cases the same shall be considered as a principal challenge, and the validity thereof be tried by the court; and any petit juror who shall be returned upon the trial of any of the causes hereinbefore specified, against whom no principal cause of challenge can be alleged, may, nevertheless, be challenged on suspicion of prejudice against, or partiality for either party, or for want of competent knowledge of the English language, or any other cause that may render him, at the time, an unsuitable juror; but a resident and taxpayer of the state or any municipality therein shall not be thereby disqualified in actions in which such municipality is a party. The validity of all challenges shall be determined by the court. |R.L. 1910, § 4997.
12 OK Stat § 12-573 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-573. Order of challenges.

|The plaintiff first, and afterward the defendant, shall complete his challenges for cause. They may then, in turn, in the same order, have the right to challenge one juror each, until each shall have peremptorily challenged three jurors, but no more. |R.L. 1910, § 4998.
12 OK Stat § 12-574 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-574. Vacancies filled at once - Challenges to jurors.

|After each challenge, the vacancy shall be filled before further challenges are made; and any new juror thus introduced may be challenged for cause as well as peremptorily. |R.L. 1910, § 4999.
12 OK Stat § 12-575.1 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-575.1. Selection of jury in discretion of court - Manner.

|Notwithstanding other methods authorized by law, the trial judge may direct in his discretion that a jury in a civil case be selected in the following manner: |(a)if the case be triable to a twelve-man jury, eighteen prospective jurors shall be called and seated in the box and then examined on voir dire; when eighteen such prospective jurors have been passed for cause, each side of the lawsuit shall exercise its peremptory challenges out of the hearing of the jury by alternately striking three names from the list of those so passed for cause, and the remaining twelve persons shall be sworn to try the case;(b)if the case be triable to a six-man jury, twelve prospective jurors shall be called and seated in the box and then examined on voir dire; when twelve such prospective jurors have been passed for cause, each side of the lawsuit shall exercise its peremptory challenges out of the hearing of the jury by alternately striking three names from the list of those so passed for cause, and the remaining six persons shall be sworn to try the case.If there be more than one defendant in the case, and the trial judge determines on motion that there is a serious conflict of interest between them, he may, in his discretion, allow each defendant to strike three names from the list of jurors seated and passed for cause. In such case he shall appropriately increase the number of jurors initially called and seated in the box for voir dire examination.Added by Laws 1969, c. 252, § 1, emerg. eff. April 24, 1969.
12 OK Stat § 12-576 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-576. Oath of jury.

|The jury shall be sworn to well and truly try the matters submitted to them in the case in hearing, and a true verdict give, according to the law and the evidence. |R.L. 1910, § 5001.
12 OK Stat § 12-577 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-577. Order of trial.

|When the jury has been sworn, the trial shall proceed in the following order, unless the court for special reasons otherwise directs: |First. The party on whom rests the burden of the issues may briefly state his case, and the evidence by which he expects to sustain it.Second. The adverse party may then briefly state his defense, and the evidence he expects to offer in support of it.Third. The party on whom rests the burden of the issues must first produce his evidence; after he has closed his evidence the adverse party may interpose and file a demurrer thereto, upon the ground that no cause of action or defense is proved. If the court shall sustain the demurrer, such judgment shall be rendered for the party demurring as the state of the pleadings or the proof shall demand. If the demurrer be overruled, the adverse party will then produce his evidence.Fourth. The parties will then be confined to rebutting evidence unless the court, for good reasons in furtherance of justice, permits them to offer evidence in the original case.Fifth. When the evidence is concluded and either party desires special instructions to be given to the jury, such instructions shall be reduced to writing, numbered, and signed by the party or his attorney asking the same, and delivered to the court. The court shall give general instructions to the jury, which shall be in writing, and be numbered, and signed by the judge, if required by either party.Sixth. When either party asks special instructions to be given to the jury, the court shall either give such instructions as requested, or positively refuse to do so; or give the instructions with modification in such manner that it shall distinctly appear what instructions were given in whole or part, and in like manner those refused, so that either party may except to the instructions as asked for, or as modified, or to the modification, or to the refusal. All instructions given by the court must be signed by the judge; and filed together with those asked for by the parties as a part of the record.Seventh. After the instructions have been given to the jury the cause may be argued.R.L. 1910, § 5002.