Oklahoma § 22-562 - Change of venue - Proceedings - Costs and expenses

§ 22-562. Change of venue - Proceedings - Costs and expenses

A. The order of removal from the county must be entered upon

the minutes and the court clerk must thereupon make out, and within

ten (10) days transmit to the county to which the action is removed,

a certified copy of the order of removal and the record, and shall

transmit the pleadings including the undertaking for the appearance

of the defendant, and of the witnesses, and the cause must be

docketed and stand for trial within six (6) months from the date the

cause was ordered removed.

B. If an order of removal is entered, all expenses incurred as

a result of the action prior to the date of the order of removal

shall be taxed as costs and shall remain payable to the court fund

of the county from which the action was removed.

C. Except as otherwise provided by this section, the court fund

of the county from which the action is removed shall be liable for

the expense and charge of removing, delivering and keeping the

prisoner, and the fees of jurors and witnesses in attendance during

the trial, court reporter's fees, all fees and mileage of the

sheriff, and the per diem of bailiffs during the time said cause is

Oklahoma Statutes - Title 22. Criminal Procedure

on trial, and such other expenses as may be lawfully incurred

incident to the trial, which costs and expenses shall be approved by

the Court Administrator of the Supreme Court of the State of

Oklahoma and certified by the clerk of the court to which the action

was transferred to the court clerk of the county from which the

cause was removed and shall show the name of each person and the

amount due to him.

D. On receipt of such certificate, the clerk of the court from

which the action was transferred shall draw his warrants on the

court fund for the total amount of costs allowed by the transferee

court, payable to the order of the court fund of the transferee

court subject to the order of the person entitled thereto, and

forward the same to the clerk of the court where the cause was

tried, who shall deposit it in the court fund.

E. If the court fund of the county from which the action was

removed does not contain sufficient revenue to make payment to the

transferee court, the court clerk of the payor county shall notify

the Administrative Director of the courts who shall make payment of

any deficiency in the amount due and owing to the transferee court

from the Supreme Court Revolving Fund.

F. All fees not claimed two (2) years after having been

received by the clerk of the transferee court, shall by him be

returned to the clerk of the transferor court to be held in the

court fund for the benefit of the owner for a period of one (1)

year, and, if not claimed within that time, such fees shall become

the property of the court fund of the county.

R.L. 1910, § 5817. Amended by Laws 1971, c. 155, § 1, emerg. eff.

May 22, 1971; Laws 1994, c. 225, § 13, eff. July 1, 1994.