Oklahoma § 22-303 - Subscription, endorsement and verification of information

§ 22-303. Subscription, endorsement and verification of information

- Excusing endorsement.

A. The district attorney shall subscribe the district

attorney’s name to informations filed in the district court and

endorse thereon the names and last-known addresses of all the

witnesses known to the district attorney at the time of filing the

same, if intended to be called by the district attorney at a

preliminary examination or at trial. Thereafter, the district

attorney shall also endorse thereon the names and last-known

addresses of such other witnesses as may afterwards become known to

the district attorney, if they are intended to be called as

witnesses at a preliminary examination or at trial, at such time as

the court may by rule prescribe.

Upon filing of an application by the district attorney, notice

to defense counsel, and hearing establishing need for witness

protection or preservation of the integrity of evidence, the

district court may excuse witness endorsement, or some part thereof.

Such proceedings shall be conducted in camera, and the record shall

be sealed and filed in the office of the district court clerk, and

shall not be opened except by order of the district court.

B. Notwithstanding other provisions of law, when a law

enforcement officer issues a citation or ticket as the basis for a

complaint or information, for a violation of law declared to be a

misdemeanor, the citation or ticket shall be properly verified if:

1. The issuing officer subscribes the officer's signature on

the citation, ticket or complaint to the following statement:

"I, the undersigned issuing officer, hereby certify and

swear that I have read the foregoing information and know

the facts and contents thereof and that the facts

supporting the criminal charge stated therein are true."

Such a subscription by an issuing officer, in all respects, shall

constitute a sworn statement, as if sworn to upon an oath

administered by an official authorized by law to administer oaths;

and

2. The citation or ticket states the specific facts supporting

the criminal charge and the ordinance or statute alleged to be

violated; or

3. A complainant verifies by oath, subscribed on the citation,

ticket or complaint, that the complainant has read the information,

knows the facts and contents thereof and that the facts supporting

the criminal charge stated therein are true. For purpose of such an

oath and subscription, any law enforcement officer of the state or

of a county or municipality of the state issuing the citation,

ticket or complaint shall be authorized to administer the oath to

the complainant.

Oklahoma Statutes - Title 22. Criminal Procedure

C. As used in this section, the term “signature” shall include

a digital or electronic signature, as defined in Section 15-102 of

Title 12A of the Oklahoma Statutes.

R.L. 1910, § 5694. Amended by Laws 1980, c. 136, § 1, emerg. eff.

April 15, 1980; Laws 1991, c. 35, § 1, eff. Sept. 1, 1991; Laws

1992, c. 68, § 1, eff. Sept. 1, 1992; Laws 2004, c. 275, § 9, eff.

July 1, 2004; Laws 2008, c. 179, § 3, eff. Nov. 1, 2008.