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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3466 By: Moore
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2021, Section 3252, which relates to requests for
issuance of subpoenas; providing for payment of
applicable fee; requiring assignment of certain
number; requiring entry on docket; amending 28 O.S.
2021, Section 152.1, which relates to fees in civil
actions; prescribing fee for issuance of foreign
subpoena; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 3252, is
amended to read as follows:
Section 3252. A. To request issuance of a subpoena under this
section, a party must submit a foreign subpoena to a clerk of court
in the county in which discovery is sought to be conducted in this
state and pay any applicable fee as prescribed by law. A request
for the issuance of a subpoena under this act does not constitute an
appearance in the courts of this state.
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B. When a party submits a foreign subpoena to a clerk of court
in this state, the clerk, in accordance with that court 's procedure,
shall promptly:
1. Promptly issue a subpoena for service upon the person to
which the foreign subpoena is directed ; and
2. Assign the subpoena a case file number and enter it on the
docket as a civil action for foreign su bpoena.
C. A subpoena under subsec tion B of this section must:
1. Incorporate the terms used in the foreign subpoena; and
2. Contain or be accompanied by the names, addresses and
telephone numbers of all couns el of record in the proceeding to
which the subpoena relates and of any party not represen ted by
counsel.
SECTION 2. AMENDATORY 28 O.S. 202 1, Section 152.1, is
amended to read as follows:
Section 152.1 A. In civil cases, the court clerk shall collect
and deposit in the c ourt fund the following charges in addition to
the flat fee:
1. For posting notices and filing
certificates required by s tatute...............$30.00
2. For the filing of any counterclaim or
setoff pursuant to Section 1758 of
Title 12 of the Oklahoma Statutes ..............$20.00
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3. For mailing by any type of mail writs,
warrants, orders, process, command, or
notice for each person ......................... $10.00
4. For the actual cost of all postage in
each case in excess of ........................ $10.00
5. For serving or endeavoring to serve each
writ, warrant, order, proces s,
command, or notice for each person in
one or more counties. .......................... $50.00
provided that if more than one person is
served at the same address, one flat fee
of Fifty Dollars ($50.00) may be c harged
6. For sheriff's fees on cou rt-ordered
sales of real or person al property.............$75.00
7. When a jury is requested ........................ $349.00
8. For issuing each summons for each person .........$10.00
9. For services of a court reporter at each
trial held in the case ......................... $20.00
10. For filing a motion for summary
judgment or summary disposition of
issue(s)................................ .......$50.00
11. For issuance of a foreign subpoena..............$50.00
The fees prescribed in paragraphs 5 and 6 of this subsection
shall be paid by the court clerk into the Sheriff's Service Fee
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Account, created pursuant to the pr ovisions of Section 514.1 of
Title 19 of the Oklahoma Statutes, of the sheriff in the county
where service is made or attempted or where the sheriff's sale
occurs. All other fees shall be deposited into the local court fund
in the county where collected.
B. The fee prescribed in paragrap h 7 of subsection A of this
section shall be paid at the time of the pretrial conference by the
party requesting a jury.
SECTION 3. This act shall become effective November 1, 2024.
59-2-8783 MAH 01/15/24