A witness so imprisoned by an officer before whom his deposition is being taken, may apply to a judge of a court of record, who shall have power to discharge him, if it appears that his imprisonment is illegal.
§ 395.Discharge When Imprisonment Illegal
Chapter 9: Witnesses · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 395 lets a witness imprisoned by an officer taking their deposition apply to a judge of a court of record, who may discharge the witness if the imprisonment turns out to be illegal.
Full Text of § 395
Amendment History
R.L. 1910, § 5060.
Plain-English Summary
Section 394 lets an officer jail an uncooperative witness during a deposition, but that power isn't unchecked. Section 395 gives the imprisoned witness a way out: apply to a judge of a court of record, who has the power to order the witness discharged if the imprisonment turns out to be illegal.
Frequently Asked Questions
What can a witness do if imprisonment during a deposition seems illegal?
Apply to a judge of a court of record, who has the power to discharge the witness once the imprisonment is shown to be illegal.
Does this apply to imprisonment ordered by a court, or only by an officer taking a deposition?
The text addresses imprisonment by an officer before whom the witness's deposition is being taken.
Does Section 395 let any court release the imprisoned witness?
It specifically empowers a judge of a court of record to discharge the witness once the imprisonment is found illegal.
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: illegal imprisonment of a witness oklahomadischarge witness deposition contempt oklahomachallenge witness commitment order