§ 396.Requisites of Attachment - Order of Commitment

Chapter 9: Witnesses · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 396 requires every attachment or commitment order for a witness to bear the court or officer's seal, state the cause of arrest or commitment, specify any question the witness refused to answer, and be executed by delivering the witness and a copy of the order to the county jailer.

Full Text of § 396

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Every attachment for the arrest, or order of commitment to prison of a witness by a court or officer, pursuant to this article, must be under the seal of the court or officer, if he have an official seal, and must specify, particularly, the cause of arrest or commitment; and if the commitment be for refusing to answer a question, such question must be stated in the order. Such order of commitment may be directed to the sheriff, coroner or any constable of the county where such witness resides, or may be at the time, and shall be executed by committing him to the jail of such county, and delivering a copy of the order to the jailor.

End

Amendment History

R.L. 1910, § 5061.

Plain-English Summary

This section sets the formal requirements for the paperwork behind a witness's arrest or imprisonment. Every attachment or order of commitment must carry the seal of the court or officer, if one exists, and must particularly specify the cause of the arrest or commitment. If the commitment is for refusing to answer a question, that question itself must be stated in the order.

The order can be directed to the sheriff, coroner, or any constable of the county where the witness resides, or wherever the witness is at the time, and it's carried out by committing the witness to that county's jail and delivering a copy of the order to the jailer.

Frequently Asked Questions

What must a witness attachment or commitment order include in Oklahoma?

The seal of the court or officer, if one exists, and a particular statement of the cause of arrest or commitment; if the commitment is for refusing to answer a question, the order must state that question.

Who can be directed to carry out the attachment or commitment?

The sheriff, coroner, or any constable of the county where the witness resides, or wherever the witness happens to be at the time.

How is the commitment carried out?

By committing the witness to the jail of the relevant county and delivering a copy of the commitment order to the jailer.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: witness commitment order requirements oklahomaattachment order contempt witness oklahomasealed order of arrest for a witness