Oklahoma § 63-946 - Exhuming of bodies - Hearing - Autopsy - Reports

§ 63-946. Exhuming of bodies - Hearing - Autopsy - Reports

A. If death occurred under circumstances as enumerated in

Section 938 of this title, and if the body has been buried without

proper certification of death, it shall be the duty of the

investigating official, upon ascertaining such facts, to notify the

Chief Medical Examiner and the district attorney of the county in

which the body was buried. The district attorney shall present

facts to the judge of the district court of that county, and the

judge, after a hearing, may by written order require the body to be

exhumed and an autopsy performed by the Chief Medical Examiner or

his or her designee. A copy of the court order for exhumation shall

be provided to the State Department of Health. A complete report of

the facts developed by the autopsy and the findings of the person

making the same shall be filed with the Chief Medical Examiner

without unnecessary delay and a copy furnished the district attorney

of the county within which the death occurred or within which the

body was buried, or both.

B. No order for exhumation, as provided for in subsection A of

this section, shall be made without notice of the hearing being

served upon the decedent's next of kin, five (5) days prior to the

hearing. The notice shall be served in the same manner as provided

for by law for the service of summons in a civil action, shall

include the date, time and place of the hearing and shall advise the

person so notified that he or she has the right to appear and be

heard by the court at that time. Provided, that the district

attorney may, by affidavit, advise the court that the identity or

whereabouts of any persons required to be served with notice under

this subsection is unknown and cannot be ascertained with due

diligence. Upon finding that the facts stated in the affidavit are

true, the court shall not require notice be given.

Oklahoma Statutes - Title 63. Public Health and Safety

Added by Laws 1961, p. 607, § 16, eff. Jan. 2, 1962. Amended by

Laws 1972, c. 246, § 15, emerg. eff. April 7, 1972; Laws 1981, c.

87, § 1, eff. Oct. 1, 1981; Laws 2011, c. 105, § 37, eff. Nov. 1,

2011; Laws 2014, c. 293, § 15, eff. Nov. 1, 2014.