A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county, while going, returning or attending, in obedience to a subpoena.
§ 399.Witness Privileged
Chapter 9: Witnesses · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 399 protects a witness from being sued in a county where the witness doesn't reside by service of summons made there while the witness is going to, returning from, or attending a proceeding under subpoena.
Full Text of § 399
Amendment History
R.L. 1910, § 5064.
Plain-English Summary
This section shields witnesses from a particular ambush: being served with a lawsuit summons in a county they don't live in, because a subpoena brought them there. The privilege covers the whole trip, going to the proceeding, attending it, and returning from it.
Frequently Asked Questions
Can someone serve a witness with an unrelated summons while they're in another county to testify under subpoena?
Not in a way that makes them liable to be sued there — Section 399 protects a witness from being sued in a county they don't reside in through service made while going, returning, or attending under subpoena.
Does this privilege only cover the time the witness is testifying?
No, it covers going to, returning from, and attending the proceeding, not just the testimony itself.
What does this privilege protect a witness against?
Being sued through service of a summons made in a county where the witness doesn't live, while the witness is traveling to, attending, or returning from the subpoenaed proceeding.
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: witness immunity from service of process oklahomawitness privilege from being sued oklahomatraveling witness protection subpoena