Oklahoma § 22-769 - Taking and authentication of testimony

§ 22-769. Taking and authentication of testimony

The testimony given by the witness must be reduced to writing.

The magistrate before whom the examination is had may, in his

discretion, order the testimony and proceedings to be taken down in

shorthand, and for that purpose he may appoint a shorthand reporter.

The deposition or testimony of the witness must be authenticated in

the following form:

1. It must state the name of the witness, his place of

residence and his business or profession.

2. It must contain the questions put to the witness and his

answers thereto, each answer being distinctly read to him as it is

taken down, and being corrected or added to until it conforms to

what he declares is the truth; except in cases where the testimony

is taken down in shorthand, the answer or answers of the witness

need not be read to him.

Oklahoma Statutes - Title 22. Criminal Procedure

3. If the witness declines answering a question, that fact with

the ground on which the answer was declined must be stated.

4. The deposition must be signed by the witness, or if he

refuse to sign it, his reason for refusing must be stated in writing

as he gives it; except in cases where the deposition is taken down

in shorthand, it must not be signed by the witness.

5. It must be signed and certified by the magistrate when

reduced to writing by him or under his direction; and when taken

down in shorthand, the manuscript of the reporter, appointed as

aforesaid, when written out in longhand writing, and certified as

being a correct statement of such testimony and proceedings in the

case, shall be prima facie a correct statement of such testimony and

proceedings. The reporter shall within five (5) days after the

close of such examination transcribe into longhand writing his said

shorthand notes, and certify and deliver the same to the magistrate,

who shall also certify the same and transmit such testimony and

proceedings, carefully sealed up, to the clerk of the court in which

the action is pending or may come for trial.

R.L.1910, § 6033.