Title 28. Fees
§28-1. Statutory allowances exclusive.
The officers and persons herein mentioned shall be entitled to receive for their services only the fees herein allowed, and no other, except as may be otherwise required by law.
R.L. 1910, § 3193. Amended by Laws 1967, c. 122, § 1, emerg. eff. April 27, 1967.
§28-2. Fees not collected during term.
The fees of any officer earned but not collected during his term of office, shall be collected by his successor in office and paid into the county treasury, and all fees so collected shall be included in the report of the officer collecting the same.
R.L. 1910, § 3206.
§28-3. Failure of officers to make reports - Failure to charge fees.
Any county, township and district officer who is required by law to make monthly or quarterly reports to the board of county commissioners who fails or refuses to make such reports, or who makes a false or fraudulent report, shall be deemed guilty of a misdemeanor and in addition to any punishment the violator shall forfeit the office; and in no case shall any county officer retain any perquisites of the office; and if any officer neglect or refuse to charge the fees provided by law, the person shall forfeit double the amount thereof to be deducted from the person’s salary, or to be collected by civil action against any such officer or a bondsman.
R.L.1910, § 3213. Amended by Laws 2002, c. 460, § 24, eff. Nov. 1, 2002.
§28-4. Repealed by Laws, 1941, p. 462, §1.
§28-5. Penalty for charging fees on pensions.
No person authorized to administer oaths, shall be allowed to charge any discharged soldier or seaman, or widow, orphan or legal representative thereof, any fee for administering any oath or the giving of any certificate for the procuring of any pension, bounty, or back pay, nor for administering any oath or oaths and giving the certificate required upon any voucher for collection of periodical dues from the pension agent for any services rendered in perfecting any voucher; and any such officer who may charge any fee for any such services shall be deemed guilty of a misdemeanor, and fined in any sum not less than Ten Dollars ($10.00) nor more than Twenty-five Dollars ($25.00).
R.L. 1910, § 3222.
§28-6. Responsibility of county for fees.
The county shall be responsible for the fees, salaries and expenses of county officers, unless otherwise provided by law.
R.L. 1910, § 3229. Amended by Laws 1967, c. 122, § 2, emerg. eff. April 27, 1967.
§28-7. Officers to post list of fees.
Each officer herein named shall cause a list of fees allowed by law to be charged by him, to be posted in his office in some conspicuous place, under penalty of Five Dollars ($5.00) for each day he shall neglect so to do.
R.L. 1910, § 3239.
§28-8. Fees to be itemized on process.
No officer serving any process shall be entitled to any fees for the same, unless he return on such process the amount of his fees and the items thereof.
R.L. 1910, § 3240.
§28-9. Officer to receipt for fees paid.
Every officer charging fees shall give a receipt therefor.
R.L. 1910, § 3243. Amended by Laws 1967, c. 122, § 3, emerg. eff. April 27, 1967.
§28-10. Charging for constructive mileage - Penalty.
Any county, township or district officer who shall knowingly charge, receive or collect any fees for constructive service or mileage shall be deemed guilty of a misdemeanor, and in addition to his punishment shall forfeit his office and thereafter be forever barred from holding any office of honor, trust or profit in this state.
R.L. 1910, § 3247.
§28-11. Folio defined.
A folio shall consist of one page regardless of size.
R.L.1910, § 3248. Amended by Laws 1967, c. 122, § 4, emerg. eff. April 27, 1967.
§28-12. Fees due when service rendered - Deposit for anticipated costs.
No fees allowed by law shall be due or demanded until the services for which such fees are chargeable shall have been performed, provided, however, that the court clerk may require a deposit for anticipated costs.
R.L. 1910, § 3249. Amended by Laws 1967, c. 122, § 5, emerg. eff. April 27, 1967.
§28-13. Penalty for improper charges.
Any public officer who shall knowingly charge, demand or receive any fees not provided by law, or who shall charge, demand or receive any greater fees than are provided in this article shall be deemed guilty of a misdemeanor, and shall, upon conviction, be fined in any sum not less than Five Hundred Dollars ($500.00) for each and every offense and shall forfeit his office and shall be barred from holding any office of trust in this state thereafter.
R.L. 1910, § 3252.
§28-31. Fees of court clerks.
Notwithstanding any other provision of law, the clerk of the district court, or the clerk of any other court of record, shall charge and collect the following fees for services by them respectively rendered and none others, except as otherwise provided by law:
Approving bond or undertaking, including certificate and seal $3.00
Making copy of an instrument of record or on file, first page $1.00
subsequent pages (each) $0.50
Certifying to any instrument (each) $0.50
Authentication of court records $5.00
Receiving and paying out money in pursuance of law or order of court 1%
provided, however, that such charge shall not exceed $300.00.
Application, issuing, entering return and recording marriage license if the applicants submit a certificate that states the applicants have completed the premarital counseling program pursuant to Section 5.1 of Title 43 of the Oklahoma Statutes $5.00
Application, issuing, entering return and recording marriage license if the applicants do not submit a certificate that states the applicants have completed the premarital counseling program pursuant to Section 5.1 of Title 43 of the Oklahoma Statutes $50.00
Conveyance of full-blood Indian heirs to interest in inherited lands, same to be accounted for as other fees $5.00
Posting notice outside the courthouse $10.00
Mailing, by any type of mail, writs, warrants, orders, process, command or notice for each person $10.00, or
actual expense, whichever is greater, except ordinary mailing of first-class mail in probate cases, for each case $10.00, or
actual expense, whichever is greater.
For the actual cost of all postage in each case in excess of $10.00, or
actual expense, whichever is greater.
For filing and indexing of disclaimers other than in pending probate or civil cases pursuant to the provisions of Section 751 et seq. of Title 60 of the Oklahoma Statutes $5.00
Added by Laws 1967, c. 122, § 6, eff. April 27, 1967. Amended by Laws 1975, c. 293, § 1, eff. Oct. 1, 1975; Laws 1977, c. 207, § 4, eff. Oct. 1, 1977; Laws 1978, c. 212, § 8, eff. July 1, 1978; Laws 1979, c. 23, § 1, eff. July 1, 1979; Laws 1986, c. 242, § 1, emerg. eff. June 12, 1986; Laws 1987, c. 181, § 1, eff. July 1, 1987; Laws 1989, c. 205, § 5, eff. Nov. 1, 1989; Laws 1991, c. 111, § 1, eff. Sept. 1, 1991; Laws 1993, c. 292, § 10, eff. July 1, 1993; Laws 1997, c. 400, § 9, eff. July 1, 1997; Laws 1999, c. 174, § 3, eff. Nov. 1, 1999; Laws 2003, c. 440, § 3, eff. July 1, 2003; Laws 2004, c. 288, § 1, eff. Nov. 1, 2004.
§28-31.1. Clerk of district court - No fees in certain guardianship cases.
The clerk of the district court shall charge and collect no fees in any proceeding for guardianship of a minor over the age of seventeen (17) years, where there shall be attached to the petition for the appointment of guardian an affidavit that the minor has applied for enlistment in the armed forces of the United States and that the sole purpose of the proceeding is to secure legal permission for such enlistment.
Added by Laws 1951, p. 67, § 1.
§28-31.2. Garnishment proceedings - Court clerk not to charge poundage in certain cases.
If the debtor prevails, the court clerk shall not charge poundage on any funds deposited under garnishment proceedings.
Added by Laws 1986, c. 185, § 13, eff. Sept. 1, 1986.
§28-32. County clerk - Fees.
A. Notwithstanding any other provision of law county clerks shall charge and collect the following flat fees to be uniform throughout the state regardless of the recording method used, and the county clerks shall not be required to itemize or charge these fees pursuant to any other schedule, except as specifically provided by law:
1. For recording the first page of deeds, mortgages and any other instruments not subject to the fee imposed by Section 1-9-525 of Title 12A of the Oklahoma Statutes $8.00
2. For recording each additional page of same instrument $2.00
3. For furnishing hard copies of microfilmed records to bonded abstractors only, per page $1.00
4. For furnishing photographic copies of photographic records, or of typewritten script or printed records, per page $1.00
5. For recording plat of one block or less $10.00
6. For recording plat of more than one block $25.00
7. For certifying to any copy per page $1.00
8. For recording an assignment of Tax Sale Certificate to be paid by the party purchasing $5.00
9. For recording of any mark or brand and giving certificate for same $5.00
10. For recording each certificate for estrays and forwarding description of same, as required by law $1.00
11. a. For recording and filing of mechanics’ or materialmen’s liens which includes the release thereof $10.00
b. For preparing and mailing notice of mechanics’ or materialmen’s lien $8.00
plus the actual cost of postage
c. For each additional page or exhibit $2.00
12. For recording and filing of fictitious name partnership certificates $5.00
To this fee shall be added the fees required by Sections 81 through 86 of Title 54 of the Oklahoma Statutes.
13. For recording the first page of deeds, mortgages, and any other instruments which are nonconforming pursuant to subsection C of Section 298 of Title 19 of the Oklahoma Statutes $25.00
14. For recording each additional page of an instrument which is nonconforming pursuant to subsection C of Section 298 of Title 19 of the Oklahoma Statutes $10.00
B. The fees prescribed in paragraph 4 of subsection A of this section shall be deposited into the County Clerk’s Lien Fee Account, created pursuant to Section 265 of Title 19 of the Oklahoma Statutes.
C. For the purpose of preserving, maintaining, and archiving recorded instruments including, but not limited to, records management, records preservation, automation, modernization, and related lawful expenditures, in addition to all other fees required by law, the county clerk shall collect Five Dollars ($5.00) for each instrument recorded with the Registrar of Deeds.
D. There is hereby created a fund to be known as the “County Clerk’s Records Management and Preservation Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of the fees and monies accruing to the fund, as prescribed in subsection C of this section with all monies accruing to the fund to be expended by the clerk and not transferred to any other fund. The intent of this section is to increase the net funding level available to the county clerk to maintain and preserve public records.
E. The fees and costs prescribed in this section shall not apply to child support enforcement offices operated by or on behalf of the Department of Human Services’ Child Support Enforcement Division. County clerks shall not charge any fees or costs to such offices, the Division, or the Department.
R.L. 1910, § 3204. Amended by Laws 1947, p. 247, § 1, emerg. eff. April 29, 1947; Laws 1949, p. 219, § 1, emerg. eff. April 21, 1949; Laws 1967, c. 291, § 1, emerg. eff. May 8, 1967; Laws 1976, c. 162, § 1, emerg. eff. May 31, 1976; Laws 1977, c. 207, § 5, eff. Oct. 1, 1977; Laws 1978, c. 63, § 1, eff. Oct. 1, 1978; Laws 1979, c. 273, § 1, emerg. eff. June 5, 1979; Laws 1982, c. 43, § 1; Laws 1985, c. 166, § 1, operative July 1, 1985; Laws 1990, c. 273, § 14, eff. Sept. 1, 1990; Laws 1992, c. 202, § 1; Laws 1993, c. 292, § 11, eff. July 1, 1993; Laws 1997, c. 233, § 3, eff. July 1, 1997; Laws 1998, c. 92, § 1, eff. Nov. 1, 1998; Laws 2000, c. 371, § 168, eff. July 1, 2001; Laws 2001, c. 407, § 2, eff. July 1, 2001; Laws 2002, c. 22, § 11, emerg. eff. March 8, 2002; Laws 2004, c. 288, § 2, eff. Nov. 1, 2004.
NOTE: Laws 1998, c. 19, § 1 repealed by Laws 1998, c. 412, § 8, eff. Nov. 1, 1998. Laws 2001, c. 354, § 6 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.
§28-32.1. Repealed by Laws 1949, p. 220, §2.
§28-32.2. Expired.
§28-32.3. Payment of fees by debit or credit card.
Notwithstanding any other provision of law, a county clerk may accept payment for fees by automated clearing house or by a nationally recognized debit or credit card. If payment is made by a credit or debit card, the county clerk shall add an amount equal to the amount of the service charge incurred for the acceptance of the payment. A county clerk may enter into contracts for credit card processing services according to applicable county purchasing laws or may enter into agreements with the State Treasurer to participate in any credit card processing agreements entered into by the State Treasurer. County clerks may establish prepaid fee accounts in a manner as prescribed by the Office of the State Auditor and Inspector.
Added by Laws 2004, c. 179, § 2, eff. Nov. 1, 2004.
§28-33. Register to keep account of fees.
He shall keep an account of said fees in a book provided for that purpose, showing the amount charged and the amount received, from whom and for what purpose, and the date thereof. The footings for each month shall, at the close thereof, be legibly and correctly entered in said book, opposite the month during which the same have been collected or charged, showing the amount charged, the amount received, and the amount remaining due and unpaid.
R.L. 1910, § 3205.
§28-34. Repealed by Laws 1967, c. 291, § 2, eff. May 8, 1967.
§28-35. Clerk to keep account of fees.
He shall keep an account of said fees in a book to be provided for that purpose, showing the amount charged and the amount received, from whom, and for what purpose, and the date thereof. The footings for each month shall, at the close thereof, be legibly and correctly entered in said book opposite the month during which the same have been collected or charged, showing the amount charged, the amount received, and the amount remaining due and unpaid.
R.L. 1910, § 3208.
§28-36. Verification of signatures without fee.
The county clerks of the respective counties of this state are hereby authorized to verify, free of charge, signatures to any forms required by law to be filed with the State of Oklahoma or the United States or their agencies.
Added by Laws 1935, p. 177, § 1.
§28-37. Monthly accounting by county clerk and registrar of deeds.
At each monthly meeting of the board of county commissioners, or, if monthly meetings are not held, at each quarterly meeting, the county clerk and the registrar of deeds shall each file a verified report of the work of the preceding month or quarter showing the total fees charged and the total fees collected and shall pay all of such fees into the county treasury and file duplicate receipts therefor with the county clerk.
R.L. 1910, § 3214. Amended by Laws 1968, c. 412, § 8, emerg. eff. May 17, 1968.
§28-38. Repealed by Laws 1968, c. 383, § 3, eff. Jan. 13, 1969.
§28-39. Repealed by Laws 1969, c. 214, § 5, operative July 1, 1969.
§28-39.1. Repealed by Laws 1971, c. 105, § 6, eff. Oct. 1, 1971.
§28-39.2. Repealed by Laws 1971, c. 105, § 6, eff. Oct. 1, 1971.
§28-39.3. Repealed by Laws 1971, c. 105, § 6, eff. Oct. 1, 1971.
§28-39.4. Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.
§28-40. Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.
§28-41. Repealed by Laws 1979, c. 221, § 18, emerg. eff. May 30, 1979.
§28-42. Repealed by Laws 1967, c. 122, § 13, eff. April 27, 1967.
§28-43. Treasurer's fees.
The county treasurer shall charge and collect the following fees and none other, unless otherwise specifically provided by law:
For issuing warrants for collection of delinquent taxes on personal property $10.00
For each certificate of sale of land $10.00
For each certificate of redemption $5.00
For making tax deed, for first tract, including acknowledgment $10.00
For each additional tract in the same deed $0.00
R.L. 1910, § 3209. Amended by Laws 1990, c. 6, § 1.
§28-44. Treasurer to keep account of fees.
He shall keep an account of said fees in a book to be provided for that purpose, showing the amount charged and the amount received, from whom and for what purpose, and the date thereof. The footings of each month shall, at the close thereof, be legibly and correctly entered in said book, opposite the month during which the same have been collected or charged, showing the amount earned, the amount received, and the amount unpaid.
R.L. 1910, § 3210.
§28-45. Treasurer's quarterly report.
He shall, on the first Monday of January and the first Monday after the first Tuesday of April, and the first Mondays of July and October of each year, make out and present to the board of county commissioners a detailed statement of the amount of fees received by him during the preceding quarter, together with the amount of fees earned, which are due and unpaid, which report shall be made under oath and filed with the county clerk.
R.L. 1910, § 3211.
§28-46. Fees of county surveyor.
The county surveyor shall receive Five Dollars ($5.00) per day for the time actually and necessarily employed in going to and making a survey and returning to his office. For copy of plat of land or certificate of survey, Two Dollars ($2.00); making out complete report in all surveys made by authority for county or township, Two Dollars ($2.00); for recording surveys, per folio, twenty cents ($0.20).
R.L. 1910, § 3220.
§28-47. Repealed by Laws 2001, c. 406, § 26, emerg. eff. June 4, 2001.
§28-48. Fees of commissioner for partition.
Each commissioner for the partition of real estate shall receive for each day, Two Dollars ($2.00), traveling fees the same as are allowed to sheriffs; but this section shall not limit the right of parties to agree upon a higher rate of compensation for the commissioners in any case.
R.L. 1910, § 3223.
§28-49. Fees of appraisers.
Except in probate cases, each appraiser in civil actions may receive up to One Hundred Fifty Dollars ($150.00) for each day's service.
R.L.1910, § 3224. Amended by Laws 1953, p. 116, § 1; Laws 1967, c. 59, § 1, emerg. eff. April 17, 1967; Laws 1985, c. 25, § 1, eff. Nov. 1, 1985; Laws 2003, c. 24, § 1, eff. Nov. 1, 2003.
§28-49.1. Appraisers and commissioners, compensation of.
Any appraiser or commissioner appointed by the district court in condemnation or escheat cases shall be paid for services rendered and expense incurred an amount as determined by the district judge, before whom such proceedings is pending.
Added by Laws 1947, p. 247, § 1. Amended by Laws 1953, p. 116, § 2; Laws 1963, c. 39, § 1, emerg. eff. April 19, 1963; Laws 1975, c. 9, § 1, eff. Oct. 1, 1975.
§28-49.2. Expenses.
In addition to the fee provided in Section 1 of this act, any person so appointed shall be entitled to receive compensation for expenses incurred by such person in making any such appraisal or partition as now provided by law.
Added by Laws 1947, p. 247, § 2.
§28-50. Fees of public weigher - Lien for fee.
A public weigher, or any deputy weigher, shall receive for his services in weighing any article, the following schedule of fees: ten cents ($0.10) for each load or draft weight separately: Provided, that such public weigher shall not be allowed compensation for any extra weighing which may be essential in determining the net weight of any article or load. The public weigher, or any deputy weigher, shall be allowed and is hereby granted a lien upon any article or product weighed for the fees above mentioned, and such fee shall attach to and follow such article into the hands of the purchaser, and shall not be barred or canceled by any sale or transfer of such article during the day upon which the article is weighed: Provided, that deputy weighers shall be allowed to retain as their compensation the sum of eight cents ($0.08) for each load or draft weighed separately; the residue of the price allowed hereunder shall be paid by the deputies to the county weigher at the close of the month.
R.L. 1910, § 3226.
§28-51. Repealed by Laws 1968, c. 295, § 6 and Laws 1968, c. 383, § 3, eff. Jan. 13, 1969.
§28-52. Repealed by Laws 1968, c. 295, § 6 and Laws 1968, c. 383, § 3, eff. Jan. 13, 1969.
§28-53. Repealed by Laws 1968, c. 295, § 6 and Laws 1968, c. 383, § 3, eff. Jan. 13, 1969.
§28-54. Repealed by Laws 1971, c. 105, § 6, eff. Oct. 1, 1971.
§28-55. Renumbered as § 155.1 by Laws 1971, c. 105, § 7, eff. Oct. 1, 1971.
§28-56. Marriage ceremony fees.
When a marriage is to be performed by any judge, the court clerk of the county where the marriage is performed shall collect a fee of Ten Dollars ($10.00), in addition to the fee provided for in Section 31 of this title for every marriage ceremony so performed, which fee shall be deposited in the court fund. No judge shall perform a marriage ceremony without proof of the payment of this fee.
Added by Laws 1969, c. 256, § 2, emerg. eff. April 24, 1969. Amended by Laws 1985, c. 41, § 1, eff. Nov. 1, 1985.
§28-60. Fees of county assessors.
All county assessors shall charge and collect the following flat fees to be uniform throughout the state, and the county assessor shall not be required to itemize or charge these fees pursuant to any other schedule, except as specifically provided by law:
For furnishing all records available for copying;
in paper form and in a size 8 1/2" x 14" or smaller,
and in one color on white paper, per page the fee shall be as
provided in the Oklahoma Open Records Act, Section 24A.1 et seq.
of Title 51 of the Oklahoma Statutes;
For furnishing standard maps; in paper form and
in one color on white paper or blue line,
per map and in the following standard sizes when available:
1. 'A' size approximately 8 1/2" x 11".................. $5.00
2. 'B' size approximately 11" x 17"
'C' size approximately 17" x 22"
'D' size approximately 22" x 34"..................... $7.00
3. 'E' size approximately 34" x 44".................... $10.00
Individual property owners obtaining records for their own records shall be exempt from the provisions of this section.
Added by Laws 1994, c. 200, § 1.
§28-61. Account of county assessor fees.
The county assessor shall keep an account of said fees in a book to be provided for that purpose, showing the amount charged and the amount received, from whom, and for what purpose, and the date thereof. The footings for each month shall, at the close thereof, be legibly and correctly entered in said book opposite the month during which the same have been collected or charged, showing the amount charged, the amount received, and the amount remaining due and unpaid.
Added by Laws 1994, c. 200, § 2.
§28-81. Witness fees.
A. Whenever, under the laws of this state, a person may be compelled by order, subpoena, or other lawful compulsion to appear as a witness, whether or not testimony or other evidence is actually adduced, the witness shall receive the following:
1. For a witness who appears from another state or foreign country in a criminal proceeding in this state, the amount specified in Section 718 of Title 22 of the Oklahoma Statutes;
2. For a witness who appears from this state in a criminal proceeding in another state, the amount specified in Section 722 of Title 22 of the Oklahoma Statutes;
3. For a witness who appears from this state pursuant to an order, subpoena, or other lawful means for compelling the appearance of the witness, Ten Dollars ($10.00) for each day of attendance, plus reimbursement as prescribed by law for travel expenses at rates not to exceed those prescribed by law for reimbursement for state employees.
B. In computing mileage allowances for witnesses, parts of a mile shall be rounded to the nearest whole number of miles. Where the total mileage actually and necessarily traveled is less than one and one-half miles, no mileage shall be allowed.
C. No witness shall receive per diem or mileage in more than one case covering the same period of time, or the same travel, and each witness shall be required to make oath that the fees claimed have not been claimed or received in any other case, and no juror while serving as a juror or party to a civil action shall receive compensation as a witness.
D. The fees and expenses allowed by this section shall be paid as follows:
1. In civil cases, the fees for one day's attendance shall be paid pursuant to Section 2004.1 of Title 12 of the Oklahoma Statutes and fees for subsequent attendance shall be paid on the day before each additional day of attendance unless the witness agrees to another time for payment;
2. In criminal cases, the witness shall be paid at the conclusion of each day of attendance unless the witness agrees to another time for payment; or
3. In all other cases, the witness shall be paid at the conclusion of attendance unless the witness agrees to another time for payment.
E. Any error in computing the number of miles allowable shall not be sufficient grounds for failure to obey the order, subpoena, or other lawful compulsion if a per diem has been tendered to the witness.
F. A person who is compelled to appear as a witness pursuant to subsection A of this section to give factual testimony in any civil proceeding other than one in which the state is a party, but therein qualifies and testifies as an expert witness, shall receive a reasonable expert witness fee from the party seeking the expert testimony in addition to the fees required pursuant to subsections A and B of this section.
R.L.1910, § 3231. Amended by Laws 1967, c. 122, § 8, emerg. eff. April 27, 1967; Laws 1977, c. 253, § 1, eff. Oct. 1, 1978; Laws 1989, c. 70, § 1, eff. Nov. 1, 1989; Laws 1994, c. 229, § 6, eff. Sept. 1, 1994; Laws 2002, c. 460, § 25, eff. Nov. 1, 2002; Laws 2008, c. 175, § 1, eff. Nov. 1, 2008.
§28-82. Monies from which fees and mileage paid - Taxation as costs upon conclusion of proceedings.
A. Any witness appearing in obedience to an order, subpoena, or other lawful compulsion at any stage of a criminal case or proceeding, grand jury proceeding and in any civil case or proceeding in which the party seeking the attendance of the witness is represented by the district attorney, shall be paid, from any monies available for the operations of the district attorney's office in the county where attendance is required, the fees and mileage at the rate prescribed by law.
B. Any witness appearing in obedience to an order, subpoena, or other lawful compulsion at any stage of a criminal case or proceeding in which the party seeking the attendance of the witness is represented by the Indigent Defense System or its agent shall be paid from the court fund. The court clerk shall report the amount of witness fees paid pursuant to this subsection monthly to the Administrative Office of the Courts. The Administrative Office of the Courts shall bill the Indigent Defense System for the cost of the witness fees which shall be paid from funds available for expenditure by the Indigent Defense System. Payment by the Indigent Defense System to the Administrative Office of the Courts shall be made within ten (10) days of the receipt of the billing.
C. Any witness appearing in obedience to an order, subpoena, or other lawful compulsion in an administrative proceeding, medicaid fraud investigation, or multicounty grand jury proceeding shall be paid by the party seeking the attendance of the witness. If the party seeking the attendance is the Attorney General or represented by the Attorney General, the witness shall be paid from funds available for expenditure by the Attorney General. If an administrative agency seeking the attendance of the witness is not represented by the Attorney General, the witness shall be paid from funds available for expenditure by the administrative agency.
D. Any witness appearing in obedience to an order, subpoena, or other lawful compulsion issued by a court of this state for which no provision of this section is applicable, shall be paid in the discretion of the court from funds which are subject to the court's orders.
E. Upon conclusion of the proceedings, such fees and mileage shall be taxed as costs in the case, and collected and deposited as other costs in the case.
R.L. 1910, § 3232. Amended by Laws 1925, c. 134, p. 199, § 1; Laws 1935, p. 5, § 1; Laws 1965, c. 488, § 1; Laws 1970, c. 156, § 1, eff. July 1, 1970; Laws 1975, c. 227, § 1, eff. Oct. 1, 1975; Laws 1977, c. 253, § 2, eff. Oct. 1, 1978; Laws 1992, c. 282, § 2, eff. Sept. 1, 1992; Laws 1993, c. 227, § 6, eff. July 1, 1993; Laws 1994, c. 229, § 7, eff. Sept. 1, 1994.
§28-83. Repealed by Laws 1989, c. 70, § 2, eff. Nov. 1, 1989.
§28-84. Certificates to be issued to witnesses.
The clerk of the district court shall, upon proof of claim, issue to witnesses, mentioned in the two preceding sections, certificates showing the names of witnesses, number of days' attendance, distance traveled and the amount of such fees and mileage; such clerks shall keep a record of the certificates so issued.
R.L. 1910, § 3234.
§28-84.1. Employee of state or political subdivision testifying on matter pertaining to their employment - Witness fees - Other reimbursement.
Any employee of the state or any political subdivision thereof who is subpoenaed as a witness to testify on any matter pertaining to their employment, including any investigation conducted by the employee as a duty of said employment for which he is fully compensated, shall not be entitled to receive the witness fee and reimbursement for mileage provided for in Section 81 of this title. However, if the employee is required by the subpoena to testify in a county other than his county of residence or employment, he shall be entitled to receive reimbursement pursuant to the State Travel Reimbursement Act in accordance with Section 82 of this title. No such witness shall receive such reimbursement in more than one case covering the same period of time or the same travel. Each such witness shall be required to make oath that the amounts claimed for reimbursement have not been claimed or received in any other case or from any other source.
Added by Laws 1984, c. 92, § 1, eff. July 1, 1984. Amended by Laws 1985, c. 166, § 5, operative July 1, 1985; Laws 2005, c. 192, § 2, eff. Nov. 1, 2005.
§28-85. Warrants for fees of jurors and witnesses for which county liable.
The county clerk of each county of this state, on demand, shall issue warrants to jurors and witnesses in payment for jury and witness fees, in all criminal cases in which the county is liable, on presentation of a certificate of attendance, issued by the clerk of the district court, or the clerk of the county court, showing the name of the witness or juror, the number of days in attendance, the distance traveled and the amount of such fees and mileage. The warrant so issued shall be signed by the county clerk and shall show on the face thereof the purpose for which the same was issued.
R.L. 1910, § 3235. Amended by Laws 1913, c. 27, p. 50, § 1.
§28-86. Jurors’ fees - Parking - Persons excused from serving - Lengthy Trial Fund - Wage replacement or supplementation.
A. Jurors shall be paid the following fees out of the local court fund:
1. For each day’s attendance before any court of record, Twenty Dollars ($20.00); and
2. For mileage going to and returning from jury service each day, pursuant to the provisions of the State Travel Reimbursement Act.
B. The Court Fund Board of the district court may contract for or provide reimbursement for parking for district court jurors to be paid from the Court Fund. Parking so provided to jurors shall be in lieu of any reimbursement to jurors for parking fees.
C. The provisions of this section shall not apply to any person who is summoned for jury duty and who is excused from serving pursuant to the provisions of subsection A of Section 28 of Title 38 of the Oklahoma Statutes, beginning on the day the person is excused from service.
D. The Supreme Court shall promulgate rules to establish a Lengthy Trial Fund that shall be used to provide full or partial wage replacement or wage supplementation to jurors who serve as petit jurors for more than ten (10) days.
1. The court rules shall provide for the selection and appointment of an Administrator for the fund; procedures for the administration of the fund, including payments of salaries of the Administrator and other necessary personnel; procedures for the accounting, auditing and investment of money in the Lengthy Trial Fund; and a report by the Supreme Court on the administration of the Lengthy Trial Fund included in its annual report on the judicial branch, setting forth the money collected for and disbursed from the fund.
2. The clerk of the court shall collect from each attorney who files a civil case, unless otherwise exempted under the provisions of this section, a fee of Ten Dollars ($10.00) per case to be paid into the Lengthy Trial Fund. A lawyer will be deemed to have filed a case at the time the first pleading or other filing on which an individual lawyer’s name appears is submitted to the court for filing and opens a new case. All such fees shall be forwarded to the Administrator of the Lengthy Trial Fund for deposit.
3. The Administrator shall use the fees deposited in the Lengthy Trial Fund to pay full or partial wage replacement or supplementation to jurors whose employers pay less than full regular wages when the period of jury service lasts more than ten (10) days.
4. The court may pay replacement or supplemental wages of up to Two Hundred Dollars ($200.00) per day per juror beginning on the eleventh day of jury service. In addition, for any jurors who qualify for payment by serving on a jury for more than ten (10) days, the court may, upon finding that such service posed a significant financial hardship to a juror, even in light of payments made with respect to jury service after the tenth day, award replacement or supplemental wages of up to Fifty Dollars ($50.00) per day from the fourth to the tenth day of jury service.
5. Any juror who is serving or has served on a jury that qualifies for payment from the Lengthy Trial Fund, provided the service commenced on or after the effective date of this act, may submit a request for payment from the Lengthy Trial Fund on a form provided by the Administrator. Payment shall be limited to the difference between the state-paid jury fee and the actual amount of wages a juror earns, up to the maximum level payable, minus any amount the juror actually receives from the employer during the same time period. The form shall disclose the juror’s regular wages, the amount the employer will pay during the term of jury service starting on the eleventh day and thereafter, the amount of replacement or supplemental wages requested, and any other information the Administrator deems necessary for proper payment. The juror shall be required to submit verification from the employer as to the wage information provided to the Administrator, including but not limited to the employee’s most recent earnings statement or similar document, prior to initiation of payment from the fund. If an individual is self-employed or receives compensation other than wages, the individual may provide a sworn affidavit attesting to his or her approximate gross weekly income, together with such other information as the Administrator may require, in order to verify weekly income.
6. The following attorneys and causes of action are exempt from payment of the Lengthy Trial Fund fee:
a. government attorneys entering appearances in the course of their official duties,
b. pro se litigants,
c. cases in small claims court or the state equivalent thereof, or
d. claims seeking social security disability determinations, individual veterans’ compensation or disability determinations, recoupment actions for government backed educational loans or mortgages, child custody and support cases, actions brought in forma pauperis, and any other filings designated by rule that involve minimal use of court resources and that customarily are not afforded the opportunity for a trial by jury.
Added by Laws 1985, c. 337, § 5, eff. Feb. 1, 1986. Amended by Laws 1997, c. 400, § 10, eff. July 1, 1997; Laws 2004, c. 525, § 2, eff. Jan. 1, 2005.
§28-86.1. Jurors' and witnesses' fees - Donation to agencies for the prevention of child abuse.
The clerk of the district court of each county of this state may provide forms for jurors and witnesses individually to voluntarily designate any fees due to them to be donated to an agency or agencies established for the prevention of child abuse. All designated fees shall be placed by the district court clerk into a special account within the county treasury. The board of county commissioners shall make disbursement from the account as recommended by a committee which shall consist of five (5) members as follows:
1. One member shall be the district court clerk or a designee;
2. One member shall be the Presiding Judge of the Juvenile Bureau or the judge of the district court who has juvenile docket responsibility or a designee;
3. One member shall be a community volunteer with expertise in child abuse appointed by the board of county commissioners;
4. One member shall be the district attorney or a designee; and
5. One member shall be the chair of the board of county commissioners or a designee.
Added by Laws 1994, c. 343, § 20, eff. Sept. 1, 1994.
§28-87. Clerk's record of jurors and witnesses.
The clerk of the district court shall keep a record of the attendance of jurors at each term, and of the attendance and fees of witnesses when claimed during the term.
R.L. 1910, § 3237.
§28-88. Statement to commissioners.
Within ten (10) days after the close of each term of a court of record, the clerk thereof shall return to the board of county commissioners a statement of the attendance of jurors at such term and their mileage as taken by him, together with a statement of the attendance and mileage of witnesses in all criminal cases claimed, and for which the county is liable.
R.L. 1910, § 3238.
§28-91. State Fire Marshal investigation - Expert witness fee.
In civil cases in which the state is not a party, if the State Fire Marshal or an employee of the Office of State Fire Marshal is subpoenaed as a witness to testify on any matter pertaining to a fire investigation conducted by the Office of State Fire Marshal, the party causing the subpoena to be issued shall pay an expert witness fee to be set by the State Fire Marshal. Said fee shall be paid to the court clerk before the witness is required to testify. The court clerk shall remit the fee to the State Treasurer to be deposited to the General Revenue Fund of the state.
Notice of receipt of the required fee shall be transmitted by the court clerk to the State Fire Marshal or employee who has been subpoenaed. If the expert witness fee is not received before the witness is required to testify, the witness shall not be compelled to obey the subpoena.
If the expert witness fee is paid and, for any reason, the witness fails to obey the subpoena, said fee shall be returned to the party causing the subpoena to be issued.
Added by Laws 1987, c. 205, § 32, operative July 1, 1987.
§28-101. Fees and costs in criminal cases part of penalty - Enforcement by imprisonment - Persons unable to pay.
The fees herein provided for the clerk of the district court and the sheriff, as provided in this act, and all costs in the prosecution of all criminal actions shall, in case of conviction of the defendant, be adjudged a part of the penalty of the offense of which the defendant may be convicted, whether the punishment for such offense be either imprisonment, or fine, or both, and fixed either by the verdict of the jury, or judgment of the court, trying the case, and if the defendant shall refuse to pay the fine, fees or costs, the payment of such fees and costs, in addition to the payment of the fine assessed, shall be enforced by imprisonment until the same shall be satisfied at a rate of Twenty-five Dollars ($25.00) per day of such fees and costs, or fine, or both, or shall be satisfied at a rate of Fifty Dollars ($50.00) per day of such fees and costs, or fine, or both, should the defendant perform useful labor. If the defendant is without means to pay the fine, fees or costs, the total amount owed shall be entered upon the judgment docket and thereupon the same remedies shall be available for the enforcement of said judgment as are available to any other judgment creditor.
The term "all costs in the prosecution of all criminal actions", as used in this section, shall include only the following taxable items:
1. Court clerk's costs and fees authorized by statute;
2. Sheriff’s fees;
3. Fees and mileage of witnesses; and
4. Cost deposits in the appellate court, whether on appeal, in an original proceeding or in any postconviction challenge, if waived on the basis of a pauper's affidavit.
R.L. 1910, § 3196. Amended by Laws 1913, c. 112, p. 203, § 1, emerg. eff. March 29, 1913; Laws 1968, c. 383, § 1, eff. Jan. 13, 1969; Laws 1969, c. 202, § 3, emerg. eff. April 18, 1969; Laws 1971, c. 341, § 1, emerg. eff. June 24, 1971; Laws 1973, c. 147, § 1, emerg. eff. May 14, 1973; Laws 2008, c. 413, § 3, eff. Nov. 1, 2008.
§28-102. Costs in civil proceeding to be proved by affidavit - Taxation and collection.
All fees and sums paid by either party for fees of witnesses and other necessary expenses, in any civil action or proceeding, shall be proved by affidavit of the party or of some person knowing the same to have been paid; and all such fees shall be taxed and collected from the party ordered or adjudged to pay the costs.
R.L. 1910, § 3241.
§28-103. Bill of costs or fees.
Any person liable for any costs or fees shall be entitled to receive, on demand, a certified bill of the same, in which the items of service and the charge therefor shall be specially stated.
R.L. 1910, § 3242.
§28-104. Repealed by Laws 1968, c. 295, § 6, eff. Jan. 13, 1969.
§28-105. Collection on execution.
It shall be the duty of the sheriff or other officer collecting costs on executions, in this state, to pay the costs collected to the clerk of the court from which the execution issued, or to the justice, and take a receipt therefor.
R.L. 1910, § 3245. Amended by Laws 1967, c. 122, § 10, emerg. eff. April 27, 1967.
§28-106. Clerk to hold costs or fees for person entitled - Time for filing claims.
It shall be the duty of the court clerk receiving any costs or fees belonging to any other person, to deposit the same in the court fund subject to the order of the person entitled thereto, and to pay the same over on request; and if such costs or fees shall not be claimed by the end of the fiscal year following the fiscal year of receipt, except in all cases where jurisdiction is continuing, and by the end of the fiscal year after the year in which final judgment is granted, they shall become the property of the court fund, provided that any unexpended court costs or money belonging to litigants shall be mailed by the court clerk to the proper attorney of record.
R.L. 1910, § 3246. Amended by Laws 1949, p. 219, § 1; Laws 1967, c. 122, § 11; Laws 1969, c. 211, § 1, emerg. eff. April 18, 1969; Laws 2004, c. 288, § 3, eff. Nov. 1, 2004.
§28-111. Fees chargeable by Secretary of State.
A. In addition to other fees provided for by law, the Secretary of State shall collect the following fees:
1. For affixing the certificate of the Secretary of State and the seal of the State of Oklahoma, Ten Dollars ($10.00);
2. For copying any paper or document, One Dollar ($1.00) per page, provided the minimum charge shall not be less than Two Dollars ($2.00);
3. For filing an effective financing statement in the Office of the Secretary of State pursuant to Section 1-9-320.6 of Title 12A of the Oklahoma Statutes, Ten Dollars ($10.00);
4. For filing a continuation statement, partial release, assignment of or amendment to an effective financing statement filed in the Office of the Secretary of State pursuant to Section 1-9-320.6 of Title 12A of the Oklahoma Statutes, Ten Dollars ($10.00);
5. For filing a termination statement for an effective financing statement filed in the Office of the Secretary of State pursuant to Section 1-9-320.6 of Title 12A of the Oklahoma Statutes, Ten Dollars ($10.00);
6. For registering a buyer of farm products, commission merchant, selling agent or other interested party as provided for in Section 1-9-320.6 of Title 12A of the Oklahoma Statutes, Fifty Dollars ($50.00) per year;
7. For distributing a copy of the master list or portions thereof to registrants, as provided for in Section 1-9-320.6 of Title 12A of the Oklahoma Statutes, in accordance with the following fee schedule. Such fees may be paid annually or semiannually:
a. For information requested for five or less counties:
Number of Farm
Products Paper
(1) 1 to 5 products $150 per year
(2) 6 to 10 products $200 per year
(3) 11 to 20 products $250 per year
(4) over 20 products $300 per year
b. For information requested for six to twenty-five counties: