Whenever a witness summoned as mentioned in Section 4 of this act fails to testify, and the facts are reported to either house, the President of the Senate or Speaker of the House, as the case may be, shall certify the fact under the seal of the Senate or House to the Attorney General and district attorney of the county where the witness failed to appear, whose duty it shall be to bring the matter in the proper court by information or indictment for prosecution.
§ 416.Prosecution
Chapter 9: Witnesses · Last amended June 1, 1957 · Last verified August 3, 2026
In one sentenceSection 416 directs the President of the Senate or Speaker of the House to certify a witness's failure to testify to the Attorney General and the district attorney of the county where the failure occurred, for prosecution by information or indictment.
Full Text of § 416
Amendment History
Laws 1957, HB 831, p. 168, § 6, emerg. eff. 6/1/1957.
Plain-English Summary
When a summoned witness fails to testify and the facts are reported to either house, this section routes the matter toward prosecution. The President of the Senate or the Speaker of the House certifies the fact, under the chamber's seal, to the Attorney General and the district attorney of the county where the witness failed to appear. From there, it's their job to bring the matter to the proper court by information or indictment.
Frequently Asked Questions
Who prosecutes a witness who fails to testify before the Oklahoma Legislature?
The Attorney General and the district attorney of the county where the witness failed to appear, once the chamber certifies the fact to them.
How does the case get referred for prosecution?
The President of the Senate or the Speaker of the House certifies the failure under the chamber's seal to the Attorney General and the relevant district attorney.
What charging method does this statute contemplate?
Information or indictment, brought in the proper court.
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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