Oklahoma § 12-1868 - Subpoena

§ 12-1868. Subpoena

A. An arbitrator may issue a subpoena for the attendance of a

witness and for the production of records and other evidence at any

hearing and may administer oaths. A subpoena must be served in the

manner for service of subpoenas in a civil action and, upon

application and motion to the court by a party to the arbitration

proceeding or the arbitrator, enforced in the manner for enforcement

of subpoenas in a civil action. A witness may be allowed to appear

Oklahoma Statutes - Title 12. Civil Procedure

telephonically or by any other available means that allows

contemporaneous cross-examination.

B. In order to make the proceedings fair, expeditious, and

cost-effective, upon request of a party to or a witness in an

arbitration proceeding, an arbitrator may permit a deposition of any

witness to be taken for use as evidence at the hearing, including a

witness who cannot be subpoenaed for or is unable to attend a

hearing. The arbitrator shall determine the conditions under which

the deposition is taken.

C. An arbitrator may permit such discovery as the arbitrator

decides is appropriate in the circumstances, taking into account the

needs of the parties to the arbitration proceeding and other

affected persons and the desirability of making the proceeding fair,

expeditious, and cost-effective.

D. If an arbitrator permits discovery under subsection C of

this section, the arbitrator may order a party to the arbitration

proceeding to comply with the arbitrator’s discovery-related orders,

issue subpoenas for the attendance of a witness and for the

production of records and other evidence at a discovery proceeding,

and take action against a noncomplying party to the extent a court

could if the controversy were the subject of a civil action in this

state.

E. An arbitrator may issue a protective order to prevent the

disclosure of privileged information, confidential information,

trade secrets, and other information protected from disclosure to

the extent a court could if the controversy were the subject of a

civil action in this state.

F. All laws compelling a person under subpoena to testify and

all fees for attending a judicial proceeding, a deposition, or a

discovery proceeding as a witness apply to an arbitration proceeding

as if the controversy were the subject of a civil action in this

state.

G. The court may enforce a subpoena or discovery-related order

for the attendance of a witness within this state and for the

production of records and other evidence issued by an arbitrator in

connection with an arbitration proceeding in another state upon

conditions determined by the court so as to make the arbitration

proceeding fair, expeditious, and cost-effective. A subpoena or

discovery-related order issued by an arbitrator in another state

must be served in the manner provided by law for service of

subpoenas in a civil action in this state and, upon motion to the

court by a party to the arbitration proceeding or the arbitrator,

enforced in the manner provided by law for enforcement of subpoenas

in a civil action in this state.

Added by Laws 2005, c. 364, § 18.