No deposit or security for costs shall be required of an applicant for the initial application for a writ of habeas corpus. An applicant for a writ of habeas corpus shall be required to pay court costs pursuant to the procedures provided in Section 566.3 of Title 57 of the Oklahoma Statutes.
§ 1355.Deposit Or Security Costs Not Required For Initial Application - Payment of Court Costs Required
Chapter 23: Habeas Corpus · Last amended April 27, 2004 · Last verified August 3, 2026
In one sentenceSection 1355 waives any deposit or security for costs on the initial application for a writ of habeas corpus, while still requiring the applicant to pay court costs under the procedures in 57 O.S. § 566.3.
Full Text of § 1355
Amendment History
R.L. 1910, §4906; Amended by Laws 2004, SB 1397, c. 168, §3, eff. 11/1/2004 (effective date changed to 4/27/2004, by Laws 2004, HB 2205, c. 382, §4, emerg. eff. 6/3/2004).
Plain-English Summary
Section 1355 removes a filing barrier at the front end of a habeas corpus case: no applicant has to post a deposit or security for costs just to make the initial application for the writ.
That doesn't make the case free. The applicant still has to pay court costs, following the procedures set out in Section 566.3 of Title 57 - the Oklahoma statute governing in forma pauperis applications and partial payment of costs by prisoners.
Frequently Asked Questions
Do I need to pay anything upfront to file for a writ of habeas corpus?
No deposit or security for costs is required for the initial application.
Does that mean the case is free?
No - the applicant must still pay court costs, following the procedures in 57 O.S. § 566.3.
What is 57 O.S. § 566.3?
It's the Title 57 statute covering in forma pauperis applications and partial payment of court costs by prisoners.
When was this section last amended?
Laws 2004 amended it, with the amendment's effective date ultimately set at April 27, 2004.
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 filing fee oklahomahabeas corpus court costs prisonerin forma pauperis habeas corpus oklahoma12 O.S. 1355