When a witness fails to attend in obedience to a subpoena (except in case of a demand and failure to pay his fees), the court or officer before whom his attendance is required may issue an attachment to the sheriff, coroner or constable of the county, commanding him to arrest and bring the person therein named before the court or officer, at a time and place to be fixed in the attachment, to give his testimony and answer for the contempt. If the attachment be not for immediately bringing the witness before the court or officer, a sum may be fixed in which the witness may give an undertaking, with surety, for his appearance; such sum shall be endorsed on the back of the attachment; and if no sum is so fixed and endorsed, it shall be One Hundred Dollars ($100.00). If the witness be not personally served, the court may, by a rule, order him to show cause why an attachment should not issue against him.
§ 393.Attachment of Witness For Nonattendance
Chapter 9: Witnesses · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 393 authorizes a court or officer to issue an attachment ordering a sheriff, coroner, or constable to arrest a witness who fails to obey a subpoena and bring the witness in to testify and answer for the contempt.
Full Text of § 393
Amendment History
R.L. 1910, § 5058.
Plain-English Summary
When a subpoenaed witness doesn't show up, apart from disputing unpaid fees, Section 393 gives the court or officer a tool to compel attendance: an attachment directing a sheriff, coroner, or constable to arrest the witness and bring them before the court at a set time and place, both to testify and to answer for the contempt.
The attachment can also set a bond amount letting the witness give an undertaking with surety for their appearance instead of being brought in immediately; if no amount is fixed, it defaults to $100. And if the witness was never personally served with the subpoena, the court can instead issue a rule ordering the witness to show cause why an attachment shouldn't issue.
Frequently Asked Questions
What happens if a subpoenaed witness doesn't show up in Oklahoma?
The court or officer may issue an attachment to the sheriff, coroner, or constable, ordering the witness arrested and brought in to testify and answer for the contempt.
Can a witness avoid immediate arrest under this section?
Yes — if the attachment isn't for immediately bringing the witness in, it can set a bond amount for an undertaking with surety instead; if none is set, it defaults to $100.
Does this apply if the witness demanded unpaid fees?
No. The statute exempts a situation where the witness demanded fees and those fees weren't paid.
What if the witness was never personally served with the subpoena?
The court may instead issue a rule ordering the witness to show cause why an attachment shouldn't issue against them.
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: attachment of witness oklahomaarrest warrant for witness nonattendancewitness fails to appear under subpoena oklahoma