At the commencement of each day after the first day, a witness may demand his fees for that day's attendance in obedience to a subpoena; and if the same be not paid, he shall not be required to remain, except witnesses subpoenaed by any state department, board, commission or legislative committee authorized by law to issue subpoenas shall be paid for their attendance and necessary travel as provided by law in other cases at the time their testimony is completed.
§ 400.Witness May Demand Fees Each Day - Exception
Chapter 9: Witnesses · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 400 lets a witness demand their fee for each day's attendance after the first day and refuse to remain if unpaid, but requires witnesses subpoenaed by a state agency or legislative committee to be paid at the end of their testimony instead.
Full Text of § 400
Amendment History
R.L. 1910, § 5065; Amended by Laws 1961, HB 1244, p. 63, § 3.
Plain-English Summary
After the first day of testifying under subpoena, a witness doesn't have to keep showing up on faith. Section 400 lets the witness demand payment for that day's attendance at the start of each subsequent day, and walk away if it isn't paid.
Witnesses subpoenaed by a state department, board, commission, or legislative committee follow a different schedule: they're paid for their attendance and necessary travel, as provided by law for other cases, once their testimony is complete, not day by day. Section 417 sets a related rule for witnesses testifying before the Legislature, paying them the same fees and mileage as civil case witnesses in district and superior courts.
Frequently Asked Questions
When can a witness demand payment for testifying in Oklahoma?
At the start of each day after the first day of attendance under subpoena; if that day's fee isn't paid, the witness doesn't have to stay.
Does this day-by-day payment rule apply to every witness?
No. Witnesses subpoenaed by a state department, board, commission, or legislative committee are paid for their attendance and travel once their testimony is finished, not day by day.
What happens if a witness's daily fee isn't paid?
The witness isn't required to remain.
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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