If a prisoner's testimony is taken by deposition, he shall remain in the custody of the official charged with the prisoner's custody. The official custodian shall afford reasonable facilities for the taking of the deposition.
§ 398.Examination By Deposition - Custody
Chapter 9: Witnesses · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 398 keeps a prisoner in the custody of the official responsible for them while the prisoner's deposition is taken, and requires that official to provide reasonable facilities for taking the deposition.
Full Text of § 398
Amendment History
R.L. 1910, § 5063.
Plain-English Summary
When a prisoner's testimony comes by deposition rather than in-person appearance under Section 397, custody doesn't change hands. The prisoner stays with the official already charged with their custody, and that official must provide reasonable facilities for taking the deposition.
Frequently Asked Questions
Does a prisoner leave custody to give a deposition in Oklahoma?
No. Section 398 keeps the prisoner in the custody of the official already responsible for them.
What must the custodian do to accommodate the deposition?
Afford reasonable facilities for taking the deposition, while keeping the prisoner in normal custody.
Does Section 398 apply when the prisoner testifies in person instead of by deposition?
No, it addresses custody and facilities specifically when the prisoner's testimony is taken by deposition; Section 397 covers in-person testimony.
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: prisoner deposition custody oklahomainmate deposition facilities requirementtaking a deposition of an incarcerated witness