A. The punishment for the contempt provided in Section 393 of this title shall be as follows: When the witness fails to attend, in obedience to the subpoena, except in case of a demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding Fifty Dollars ($50.00). In other cases, the court or officer may fine the witness in a sum not exceeding Fifty Dollars ($50.00), or may imprison him in the county jail, there to remain until he shall submit to be sworn, testify or give his deposition. The fine imposed by the court shall be paid into the county treasury, and that imposed by the officer shall be for the use of the party for whom the witness was subpoenaed. The witness shall, also, be liable to the party injured for any damages occasioned by his failure to attend, or his refusal to be sworn, testify or give his deposition.
§ 394.Punishment For Contempt - Liability to Party Injured
Chapter 9: Witnesses · Last amended October 1, 1980 · Last verified August 3, 2026
In one sentenceSection 394 caps a witness's contempt fine at $50, allows jail until the witness submits to testify, directs court-imposed fines to the county treasury and officer-imposed fines to the subpoenaing party, and exempts refusal to subscribe a deposition.
Full Text of § 394
B. The punishment provided in this section shall not apply where the witness refuses to subscribe a deposition.
Amendment History
R.L. 1910, § 5059; Amended by Laws 1980, HB 1594, c. 47, §2, eff. 10/1/1980.
Plain-English Summary
This section fills in the punishment Section 392 threatens and Section 393 enforces. For a witness who fails to attend, again apart from an unpaid-fee dispute, the fine tops out at $50. For other contempts, refusing to be sworn, testify, or give a deposition, the court or officer can fine up to $50 or jail the witness until they submit. A court-imposed fine goes to the county treasury; a fine an officer imposes goes to the party who subpoenaed the witness. Beyond the fine or jail time, the witness is also liable to the injured party for any damages the failure or refusal caused.
Subsection B carves out one exception: none of this punishment applies when a witness refuses to sign, rather than give, a deposition.
Frequently Asked Questions
How much can a witness be fined for contempt under Oklahoma law?
Up to $50, whether the contempt is failing to attend or refusing to be sworn, testify, or give a deposition.
Can a witness be jailed instead of fined?
Yes, for contempts other than nonattendance, the court or officer may imprison the witness in the county jail until they submit to being sworn, testify, or give their deposition.
Who gets the money from a witness's contempt fine?
A fine the court imposes goes to the county treasury; a fine an officer imposes goes to the party for whom the witness was subpoenaed.
Can a witness who caused harm by not showing up be sued for damages?
Yes. The witness remains liable to the injured party for any damages caused by the failure to attend or the refusal to be sworn, testify, or give a deposition.
Does this punishment apply if a witness refuses to sign their deposition?
No. Subsection B says the punishment in this section doesn't apply when the witness refuses to subscribe a deposition.
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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