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§ 3252.Request For Issuance of Subpoena

Chapter 41A: Structured Settlement Protection Act of 2001 · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceLets a party in an out-of-state case get an Oklahoma subpoena issued by submitting the foreign subpoena to the clerk of court in the county where discovery is sought, without that filing counting as an appearance in Oklahoma courts.

Full Text of § 3252

Text sizeJump to: (A) (B) (C)

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. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this state.
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 issue a subpoena for service upon the person to which the foreign subpoena is directed.
C. 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.

Amendment History

Added by Laws 2021, c. 184, s. 3, eff. 11/1/2021.

Plain-English Summary

This is the mechanism at the heart of the act. To get an Oklahoma subpoena, a party doesn't file a lawsuit or motion here -- the party submits the foreign subpoena to the clerk of court in the county where the discovery will happen. Doing so doesn't count as making an appearance in Oklahoma's courts.

Once the clerk receives it, the clerk must promptly issue an Oklahoma subpoena for service on the person named, following that court's usual procedure. The Oklahoma subpoena issued this way has to incorporate the terms of the original foreign subpoena, and it must include, or come with, the names, addresses, and phone numbers of every attorney of record in the underlying case and of any unrepresented party.

Frequently Asked Questions

Do I need to hire an Oklahoma lawyer to get a subpoena issued here for my out-of-state case?

The act doesn't require it -- a party requests the subpoena by submitting the foreign subpoena to the clerk of court in the county where discovery is sought, and that request doesn't constitute an appearance in Oklahoma's courts.

Where do I submit a foreign subpoena to get one issued in Oklahoma?

To the clerk of court in the county in Oklahoma where the discovery is to be conducted.

What must the Oklahoma subpoena contain?

It must incorporate the terms of the foreign subpoena and include, or be accompanied by, the names, addresses, and phone numbers of all counsel of record and any unrepresented party.

Does submitting a foreign subpoena make me a party to a case in Oklahoma?

No. Section 3252 says a request for issuance of a subpoena under the act doesn't constitute an appearance in the courts of this state.

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
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