To domesticate a subpoena in Oklahoma under 12 O.S. § 3252, the Uniform Interstate Depositions and Discovery Act, the foreign subpoena is submitted in the county where discovery is sought, and that county’s clerk issues a local one. The Act requires no Oklahoma attorney. Served 123 LLC handles the clerk step and service.
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Served 123 LLC handles subpoena domestications in all 77 Oklahoma counties. The county finder names the court clerk where discovery is sought, and the directory lists each address. Search the finder by town or ZIP code to reach the right office.
Documents Subpoena
A person asked only for records need not appear in person, and a nonparty’s production date sits at least seven days after service on the witness and all parties, under 12 O.S. § 2004.1. Medical records add the steps set out below. Your written quote confirms the path, before you pay.
Oklahoma Subpoena Domestication Order
Our quote covers document preparation, any clerk’s fee and service if ordered.
Under § 3252, the foreign subpoena is submitted to a court clerk, who issues the Oklahoma subpoena on it. The table gives each point with its statute, and the steps below show the order of the work.
| Point | Oklahoma | Statute |
|---|---|---|
| Law | The Uniform Interstate Depositions and Discovery Act, by HB 2229, effective November 1, 2021 | 12 O.S. §§ 3250-3257 |
| Venue | A clerk of court in the county where discovery is sought | § 3252(A) |
| Who Issues | The clerk, promptly, under that court’s procedure | § 3252(B) |
| Local Attorney | None named; the request is not an appearance | § 3252(A) |
| Fee | The clerk’s charge, if any, is stated in your written quote | 28 O.S. § 152 |
| Service | Any person 18 or older, by delivery or restricted certified mail; § 158.1 adds a license rule | § 3253; § 2004.1(B); § 158.1 |
| Witness Fee | Ten dollars a day plus travel, tendered with service when attendance is demanded | 28 O.S. § 81 |
| Time Limits | Records at least 7 days after service on the witness and all parties; objections within 14 days | § 2004.1(B), (C) |
| Motions | The court in the county of discovery | § 3255 |
Your subpoena comes to us with the witness, your dates and the counsel list, and your written quote confirms the steps before you pay.
We prepare the Oklahoma subpoena with the foreign terms and every counsel of record’s name, address and phone.
The clerk in the county where discovery is sought issues it under that court’s procedure.
Your side serves each party a copy of a records subpoena, or written notice of a deposition.
Our server delivers a copy to the witness, with any tender advanced when attendance is demanded.
The server’s affidavit of service comes back to you, signed.
Under 12 O.S. § 2004.1(C), the person commanded to produce, or any party, may serve written objection “within fourteen (14) days after service of the subpoena or before the time specified for compliance if such time is less than fourteen (14) days after service”. Under 12 O.S. § 2006(A), the day of service is left out, and a last day on a Saturday, Sunday or legal holiday runs to the next day that is none of those.
A compliance date earlier than Day 14 controls instead.
A planning aid, not legal advice. It does not see the day before or after a weekday Christmas that a later Executive Order picks, a day the clerk’s office closes early, whether the three days 12 O.S. § 2006(D) adds after service by mail apply, or a court order setting another time. Each can only make the date later; if a date is close, ask counsel.
Oklahoma enacted the Uniform Interstate Depositions and Discovery Act by statute in 2021. The quotations below are § 3252: where the request goes, who issues and what the Oklahoma subpoena must carry.
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. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this state.
Served 123 LLC prepares the Oklahoma subpoena and handles the clerk step.
Get a Free Quote Online →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 issue a subpoena for service upon the person to which the foreign subpoena is directed.
A subpoena under subsection 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 counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
Official texts: 12 O.S. § 3250, § 3251, § 3252, § 3253, § 3254, § 3255, § 3256 and § 3257; 12 O.S. § 2004.1, § 2005, § 2006, § 3226, § 3230 and § 158.1; 28 O.S. § 81; 25 O.S. § 82.1; 76 O.S. § 19; HB 2229 (Laws 2021, c. 184); 12 O.S. § 2902; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the papers under the Act, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →These cards set out who may serve, how, what the witness is owed, where a deposition may sit, the notice owed to the other side and where a motion goes. For a summons or other court papers, see process service in Oklahoma.
Section 3253 reads: “A subpoena issued by a clerk of court under Section 3 of this act must be served in compliance with subsection B of Section 2004.1 of Title 12 of the Oklahoma Statutes.” That subsection reads: “Service of a subpoena may be accomplished by any person who is eighteen (18) years of age or older.” Its costs line names “the sheriff, the sheriffs deputy, or any other person.” Neither statute settles how § 158.1’s license rule applies.
12 O.S. § 3253; § 2004.1(B)“The person serving the subpoena shall make proof of service thereof to the court promptly and, in any event, before the witness is required to testify at the hearing or trial. If service is made by a person other than a sheriff or deputy sheriff, such person shall make affidavit thereof.” For mail, the proof shows “the date and place of mailing” and attaches “a copy of the return receipt showing that the mailing was accepted.”
12 O.S. § 2004.1(B)(2)12 O.S. § 158.1(A) reads: “Service and return of process of court documents may be by an authorized licensed private process server.” Section 158.1(I) reads: “Any person who knowingly and willfully serves process in Oklahoma without a process server license issued by the State of Oklahoma or who holds himself or herself out to be a process server licensed by the State of Oklahoma when the person is not licensed as such shall, upon conviction, be guilty of a misdemeanor.” It does not apply to “a process server licensed in another state who is serving court documents issued by a court in another state to a person in Oklahoma.”
12 O.S. § 158.1(A), (I)Section 2004.1(B)(1) reads: “A copy of any subpoena that commands production of documents and things or inspection of premises before trial shall be served on each party in the manner prescribed by subsection B of Section 2005 of this title.” For a deposition, “A party desiring to take the deposition of any person upon oral examination shall give notice in writing to every other party to the action.” That notice “shall be served in order to allow the adverse party sufficient time, by the usual route of travel, to attend, and three (3) days for preparation, exclusive of the day of service of the notice.”
12 O.S. § 2004.1(B)(1); § 3230(C)(1)Service is made “by delivering or mailing a copy thereof to such person”. A mailed subpoena goes “by certified mail with return receipt requested and delivery restricted to the person named in the subpoena”, and “service of a subpoena by mail shall not be effective if the mailing was not accepted by the person named in the subpoena.”
12 O.S. § 2004.1(B)(1), (2)The fees go with service only “if the person's attendance is demanded”, and then service includes “tendering to that person the fees for one (1) day's attendance and the mileage allowed by law.” A subpoena for records alone, with no attendance, carries no tender under that sentence.
12 O.S. § 2004.1(B)(1)28 O.S. § 81 sets the attendance fee: “Ten Dollars ($10.00) for each day of attendance, plus reimbursement as prescribed by law for travel expenses at rates not to exceed those prescribed by law for reimbursement for state employees.” Section 81(B) adds: “Where the total mileage actually and necessarily traveled is less than one and one-half miles, no mileage shall be allowed.”
28 O.S. § 81(A), (B)“Unless otherwise agreed by the parties or ordered by the court, a deposition upon oral examination shall not last more than six (6) hours and shall be taken only between the hours of 8:00 a.m. and 5:00 p.m. on a day other than a Saturday or Sunday and on a date other than a holiday designated in Section 82.1 of Title 25 of the Oklahoma Statutes.”
12 O.S. § 3230(A)(3)Section 81 adds: “In civil cases, the fees for one day's attendance shall be paid pursuant to Section 2004.1 of Title 12 of the Oklahoma Statutes and fees for subsequent attendance shall be paid on the day before each additional day of attendance unless the witness agrees to another time for payment”.
28 O.S. § 81Through § 2004.1(A)(3), a deposition sits at a place § 3230(B) allows: “A witness shall be obligated to attend to give a deposition only in the county of his or her residence, a county adjoining the county of his or her residence or the county where he or she is located when the subpoena is served.”
12 O.S. § 2004.1(A)(3); § 3230(B)(1)“If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced, as set forth in the subpoena, shall be attached to or included in the notice.”
12 O.S. § 3230(C)(1)“A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.”
12 O.S. § 2004.1(C)Section 3255 reads: “An application to the court for a protective order or to enforce, quash or modify a subpoena issued by a clerk of court under Section 3 of this act must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.” A protective-order motion is “accompanied by a certification that the movant has in good faith conferred or attempted to confer, either in person or by telephone, with other affected parties”.
12 O.S. § 3255; § 3226(C)On timely motion, the court “shall quash or modify the subpoena if it:” “(1) fails to allow reasonable time for compliance, (2) requires a person to travel to a place beyond the limits allowed under paragraph 3 of subsection A of this section, (3) requires disclosure of privileged or other protected matter and no exception or waiver applies, (4) subjects a person to undue burden, or (5) requires production of books, papers, documents or tangible things that fall outside the scope of discovery permitted by Section 3226 of this title.”
12 O.S. § 2004.1(C)Served 123 LLC handles the service, any tender the witness is owed and the signed proof of service.
Get a Free Quote Online →These cards cover a request for records alone, the seven-day floor and its required language, objections, how records are produced, medical and mental health records, the federal HIPAA rule and certified business records.
Under § 2004.1(C), one commanded to produce “need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial.”
12 O.S. § 2004.1(C)Section 3254 reads: “Subsection D of Section 2004.1 of Title 12 of the Oklahoma Statutes shall apply to subpoenas issued under Section 3 of this act.”
12 O.S. § 3254When a subpoena “commands production of documents and things or inspection of premises from a nonparty before trial but does not require attendance of a witness”, § 2004.1(B)(1) adds that “the subpoena shall include the following language:” “In order to allow objections to the production of documents and things to be filed, you should not produce them until the date specified in this subpoena, and if an objection is filed, until the court rules on the objection.”
12 O.S. § 2004.1(B)(1)“A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.” Electronically stored information with no named form comes “in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable”, and the person “is not required to produce the same electronically stored information in more than one form.”
12 O.S. § 2004.1(D)(1)The person commanded or any party may, “within fourteen (14) days after service of the subpoena or before the time specified for compliance if such time is less than fourteen (14) days after service, serve written objection”, and each objection is served on the others.
12 O.S. § 2004.1(C)A privilege claim “shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.”
12 O.S. § 2004.1(D)(2)Section 2004.1(B)(1) reads: “If the subpoena commands production of documents and things or inspection of premises from a nonparty before trial but does not require attendance of a witness, the subpoena shall specify a date for the production or inspection that is at least seven (7) days after the date that the subpoena and copies of the subpoena are served on the witness and all parties”.
12 O.S. § 2004.1(B)(1)“If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test or sample the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued.” The serving party “may, upon notice to the person commanded to produce, move at any time for an order to compel the production.”
12 O.S. § 2004.1(C)Section 2004.1(D)(2)(b) reads: “If information is produced in response to a subpoena that is subject to a claim or privilege or of protection as trial preparation material, the person making the claim may notify any party that received the information of the claim and the basis for such claim. After being notified, a party shall promptly return, sequester, or destroy the specified information and any copies the party has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim.”
12 O.S. § 2004.1(D)(2)(b)12 O.S. § 2902(11) needs no outside proof of authenticity for “The original or a duplicate of a domestic record of acts, events, conditions, opinions, or diagnoses if:” “the document is accompanied by a written declaration under oath of the custodian of the record, or other qualified individual that the record was made, at or near the time of the occurrence of the matters set forth by or from information transmitted by a person having knowledge of those matters; was kept in the course of the regularly conducted business activity; and was made pursuant to the regularly conducted activity,”
12 O.S. § 2902(11)Section 2902(11) also requires that “the party intending to offer the record in evidence gives notice of that intention to all adverse parties and makes the record available for inspection sufficiently in advance of its offer to provide the adverse parties with a fair opportunity to challenge the record”. Section 2004.1 does not say whether such a declaration stands in for a deposition.
12 O.S. § 2902(11)The § 2902(11) list of conditions ends with a third part, joined by “and”, which reads: “notice is given to the proponent, sufficiently in advance of the offer to provide the proponent with a fair opportunity to meet the objection or obtain the testimony of a foundation witness, raising a genuine question as to the trustworthiness or authenticity of the record”.
12 O.S. § 2902(11)76 O.S. § 19 sets the charges a provider may collect for copies of medical records requested by subpoena, and adds: “A fee of Fifteen Dollars ($15.00) shall be charged if a certification or an affidavit by the provider regarding the authenticity of the medical records or bills is requested.”
76 O.S. § 19(A)Those copy rules “shall not apply to psychological, psychiatric, mental health or substance abuse treatment records.” For them, “access to information contained in the records shall be obtained pursuant to Section 1-109 of Title 43A of the Oklahoma Statutes.”
76 O.S. § 19(A)With a court order, a covered entity “discloses only the protected health information expressly authorized by such order”. A clerk’s subpoena without one falls under the paragraph for disclosure “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal”.
45 C.F.R. § 164.512(e)(1)(i)-(ii)Paragraph (e)(1)(vi) lets the covered entity disclose “without receiving satisfactory assurance under paragraph (e)(1)(ii)(A) or (B) of this section, if the covered entity makes reasonable efforts to provide notice to the individual sufficient to meet the requirements of paragraph (e)(1)(iii) of this section or to seek a qualified protective order”.
45 C.F.R. § 164.512(e)(1)(vi)The notice assurance shows: “The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual's location is unknown, to mail a notice to the individual's last known address);” “The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal; and” “The time for the individual to raise objections to the court or administrative tribunal has elapsed, and:” “No objections were filed; or” “All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.”
45 C.F.R. § 164.512(e)(1)(iii)The protective-order assurance shows: “The parties to the dispute giving rise to the request for information have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute; or” “The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal.” The order “prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which such information was requested” and “requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding.”
45 C.F.R. § 164.512(e)(1)(iv)-(v)For a records request, we prepare the papers under the Act, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →Each of these points comes from an Oklahoma statute. Most come from the venue, the service rules or the records timing.
Before service, we compare the papers we prepare with the statutes and raise anything that needs your input.
The foreign subpoena goes to the court clerk in the county where discovery is sought. Type a town, city or ZIP code to find the county.
The Oklahoma Judicial Directory lists each court clerk under its county.
A witness may sit just over the line, so the route changes with the state. Each “No” rests on that state’s own rule text; “Check” means confirm that state’s filing rules for an out-of-state requester.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Oklahoma | 12 O.S. §§ 3250-3257 (Laws 2021, c. 184) | No | Court clerk, discovery county |
| Arkansas | Ark. R. Civ. P. 45.1 (2017 Ark. 356, eff. 2018) | No | Circuit clerk, discovery county |
| Colorado | C.R.S. §§ 13-90.5-101 to 13-90.5-107 (L. 2008) | No | Clerk of the district court, discovery county |
| Kansas | K.S.A. 60-228a (L. 2010, ch. 135) | Check | Clerk of the district court, discovery county |
| Missouri | Mo. Sup. Ct. R. 57.08 (no uniform act) | Check | Circuit court order on ex parte application |
| New Mexico | NMRA Rule 1-045.1 (Order 09-8300-018, 2009) | No | Clerk of the district court, discovery county |
| Texas | Tex. R. Civ. P. 201.3 (2025) | Check | District or county clerk, discovery county |
Each answer cites an Oklahoma statute or rule. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
November 1, 2021. Section 9 of HB 2229 (Laws 2021, chapter 184) set that date, and the codified text runs from 12 O.S. § 3250 to § 3257. Under § 3257, the Act reaches discovery requests in cases already pending on that date; the pending-cases card quotes the rule.
Not always. It goes to the court clerk for the county of the deposition, production or inspection, under § 3252(A). Section 3230(B)(1) holds a deposition to the witness’s county of residence, an adjoining county or the county of service, so the discovery county sits inside those limits. Use the county finder to look up the office by town or ZIP code.
No. Section 3252(A) lets a party submit the foreign subpoena, and the Act treats that request as no appearance in an Oklahoma court. Where a later motion to quash or enforce goes, and which rules it follows, is set out on the motions card.
No. Sections 3250 through 3257 contain no form and no rulemaking grant, and § 3252(B) leaves the paperwork to the issuing court’s own procedure. Whether a county clerk keeps its own cover form is not stated in the Act. What the Oklahoma subpoena must carry is set by § 3252(C): the foreign terms and the counsel list.
Not as a stated substitute. Section 3252(B) puts issuance with the clerk and never mentions a lawyer’s subpoena, and § 2004.1(A)(4) does not say whether its general authority reaches a foreign case. We use the clerk route the Act sets, and the statute section quotes each provision in full.
Yes, if the tribal court is a court of record. The definition of a state in § 3251 names federally recognized Indian tribes alongside the District of Columbia, Puerto Rico and the territories, and the subpoena must come from a court of record there. See the definitions for the exact words of each part.
Not under § 2004.1(B), which lets anyone 18 or older serve a subpoena, and § 3253 applies that subsection to a clerk-issued one. Section 158.1 separately makes knowingly and willfully serving process without an Oklahoma license a misdemeanor, and neither statute says which controls a subpoena. A server with an Oklahoma license meets both; the license card quotes the rule.
Yes, when the named person accepts it. The text of 12 O.S. § 2004.1(B) allows certified mail with return receipt requested and delivery restricted to that person, and a mailing the person never accepts is not service at all. The return receipt goes with the proof. Hand delivery is the other method; see the methods card.
Yes. Under 12 O.S. § 2004.1(B)(2), an affidavit from the server, unless a sheriff or deputy served, is made to the court promptly and before the witness must testify. A missing proof does not undo the service. What a mailed service adds is quoted on the proof card.
Every party. Under § 2004.1(B)(1), a pretrial subpoena for documents or an inspection goes to each party in the manner of 12 O.S. § 2005(B), and a nonparty production date counts from service on all of them. A deposition is different: § 3230(C)(1) calls for a written notice instead, timed for travel plus three days to get ready. The notice card quotes both.
In the county where the witness lives, a county next to it, or the county where the witness was when served, under 12 O.S. § 3230(B)(1). Its length and the hours it may run are quoted on the hours card.
Ten dollars a day, under 28 O.S. § 81, and travel is reimbursed at no more than the state-employee rates. When attendance is demanded, one day’s fee and mileage are tendered with service, and fees for later days are due the day before each added day unless the witness agrees otherwise. See the witness fee card.
Not under § 2004.1(B)(1): the tender goes with service only if the person’s attendance is demanded, and a person commanded only to produce need not appear in person unless also commanded to appear. Copy charges for records are a separate question, covered in the records cards.
Fourteen days from service is the outer limit under § 2004.1(C), and an earlier compliance date cuts it short. A witness who objects serves all parties, and a party who objects serves the witness and every other party. Inspection then waits for a court order. The objection calculator finds Day 14 from the service date.
The court in the county where discovery is to be conducted, under 12 O.S. § 3255, and the motion must comply with Oklahoma’s rules or statutes. The confer rule for a protective order and the grounds to quash are set out on the motions card.
Under 12 O.S. § 2004.1(E), a failure without adequate excuse to obey a served subpoena may be deemed a contempt of the court from which it issued. Which court hears a motion to enforce a subpoena issued under § 3252, and under which rules, is on the motions card.
Both apply. Section 19 sets a provider’s copy charges for records requested by subpoena and sends mental health and substance abuse records to 43A O.S. § 1-109. Federal HIPAA, 45 C.F.R. § 164.512(e), adds notice or protective-order assurances for a subpoena without a court order. See the records cards.
Not by name. Section 152 sets flat fees for a civil case filed in a district court and calls them the only court costs unless another law provides one, and it does not say which charge, if any, a clerk applies to a request under the Act. Any charge for your county is stated in the quote you receive first, and the statute section quotes § 152.
Seven days after the subpoena and its copies are served on the witness and all parties, under § 2004.1(B)(1). Under 12 O.S. § 2006(A), the count leaves out the service day and, since seven is under eleven, every Saturday, Sunday and legal holiday in between. See the seven-day card.
No. Under § 3252(B), the clerk shall issue the subpoena promptly once it is submitted, following that court’s own procedure, and it sets no number of days. Send the subpoena, the witness and your dates; the route shows the order of the work.
Yes. The request, the clerk step and service, if you order it, are priced together in one quote before you pay, and any witness fee 28 O.S. § 81 sets is tendered at service. Tell us the witness, the county of discovery and whether the subpoena calls for testimony, documents or both. Start your order online.
Our quote covers document preparation, any clerk’s fee and service if ordered.
