A. An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon application and motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action. A witness may be allowed to appear telephonically or by any other available means that allows contemporaneous cross-examination.
§ 1868.Subpoena
Chapter 38B: Uniform Arbitration Act · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceGives an arbitrator the power to issue and enforce subpoenas, permit depositions and discovery, and issue protective orders, largely to the same extent a court could in a civil action, and lets Oklahoma courts enforce out-of-state arbitration subpoenas.
Full Text of § 1868
B. In order to make the proceedings fair, expeditious, and cost-effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.
C. An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost-effective.
D. If an arbitrator permits discovery under subsection C of this section, the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state.
E. An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this state.
F. All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.
G. The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious, and cost-effective. A subpoena or discovery-related order issued by an arbitrator in another state must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.
Amendment History
Added by Laws 2005, SB 873, c. 364, §18, eff. 1/1/2006.
Plain-English Summary
Section 1868 gives the arbitrator civil-litigation-style tools for gathering evidence. The arbitrator may issue a subpoena for a witness's attendance or for records and other evidence at a hearing, and may administer oaths; the subpoena is served like one in a civil action and, on a party's or the arbitrator's motion to the court, enforced the same way. A witness may appear and be cross-examined by phone or other means that allow contemporaneous questioning. To keep the process fair, quick, and affordable, the arbitrator may also permit a deposition for use as hearing evidence, including from a witness who can't be subpoenaed or can't attend, setting whatever conditions the deposition requires.
The arbitrator may permit discovery more broadly, weighing the parties' and other affected persons' needs against the goal of keeping the proceeding fair, quick, and cost-effective. Where the arbitrator allows discovery, they may order a party to comply with discovery orders, issue subpoenas for a discovery proceeding's witnesses and records, and take action against a noncomplying party to the same extent a court could in a civil action -- and may issue a protective order shielding privileged information, confidential information, and trade secrets to that same extent. The laws compelling a subpoenaed witness to testify, and the fee rules for witnesses at a judicial proceeding, deposition, or discovery proceeding, apply to arbitration as if the dispute were a civil action.
Subsection G extends this framework across state lines: an Oklahoma court may enforce, on conditions the court sets to keep things fair, quick, and cost-effective, a subpoena or discovery order that an arbitrator issued in another state's arbitration proceeding, for a witness or evidence located in Oklahoma. That out-of-state subpoena or order is served and enforced the same way an Oklahoma civil-action subpoena would be.
Frequently Asked Questions
Can an arbitrator issue a subpoena for documents or witnesses in Oklahoma?
Yes. Section 1868(A) lets the arbitrator issue a subpoena for a witness's attendance and for the production of records and other evidence, served and enforced the same way as a civil-action subpoena.
Is there discovery in Oklahoma arbitration, like there is in a lawsuit?
The arbitrator may permit discovery to the extent appropriate, weighing the parties' needs against keeping the proceeding fair, expeditious, and cost-effective, and can enforce compliance and issue protective orders much as a court could.
Can a witness testify by phone instead of appearing in person at arbitration?
Yes. Subsection A allows a witness to appear telephonically or by another available means that permits contemporaneous cross-examination.
Can an Oklahoma court enforce a subpoena issued in an out-of-state arbitration?
Yes. Subsection G lets an Oklahoma court enforce a subpoena or discovery order for a witness or evidence within the state that an arbitrator issued in another state's arbitration proceeding.
Can the arbitrator protect trade secrets from disclosure during discovery?
Yes. Subsection E lets the arbitrator issue a protective order to prevent disclosure of privileged information, confidential information, and trade secrets, to the extent a court could in a civil action.
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: arbitration subpoena oklahoma12 O.S. § 1868discovery in arbitration oklahomaarbitrator issue subpoena for documents oklahoma