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§ 1346.Power of Court - Attendance of Witnesses

Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1346 gives the court or judge power to compel witnesses to attend a habeas corpus hearing and to take any other action necessary to decide the case.

Full Text of § 1346

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The court or judge shall have power to require and compel the attendance of witnesses and to do all other acts necessary to determine the case.

Amendment History

R.L. 1910, § 4897.

Plain-English Summary

Section 1346 backs the habeas corpus hearing with practical enforcement power. The court or judge can require and compel witnesses to attend, and can take whatever other steps are necessary to determine the case.

Frequently Asked Questions

Can the court force witnesses to testify at a habeas corpus hearing?

Yes, Section 1346 gives the court power to require and compel their attendance.

Is the court's power limited to witnesses?

No - the statute also lets the court do all other acts necessary to determine the case.

Does this power apply only in criminal habeas cases?

The text isn't limited that way - it applies to the court's authority in a habeas corpus proceeding generally.

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: habeas corpus witness subpoena oklahomacompelling witnesses habeas corpus