A. Direct Contempt: 1. Power of the Court. The court has the power to punish any contempt in order to protect the rights of the parties and the interests of the public by assuring that the administration of justice shall not be thwarted. The trial judge has the power to cite and if necessary punish anyone who, in the judge's presence in open court, willfully obstructs the court or judicial proceedings after an opportunity to be heard has been afforded.2. Admonition and Warning. Censure should not be imposed by the trial judge unless: a. it is clear from the identity of the offender and the character of his or her acts that disruptive conduct was willfully contemptuous; orb. the conduct warranting the sanction was preceded by a clear warning that the conduct is impermissible and that specified sanctions may be imposed for its repetition.3. Notice of Intent to Use Contempt Power. Postponement of Adjudication: a. The trial judge, as soon as practicable after being satisfied that courtroom misconduct requires contempt proceedings, should inform the alleged offender of the judge's intention to institute such proceedings.b. The trial judge should consider the advisability of deferring adjudication of contempt for courtroom misconduct of a party, an attorney or a witness until after the trial, and should defer such a proceeding unless prompt punishment is imperative.4. Notice of Charges and Opportunity to be Heard. Before imposing any punishment for contempt, the judge should give the offender notice of the charges and at least a summary opportunity to adduce evidence or argument relevant to guilt or punishment.5. Referral to Another Judge. The judge before whom courtroom misconduct occurs may impose appropriate sanctions, including punishment for contempt, but should refer the matter to the Court Administrator for assignment to another judge, if the judge's conduct was so integrated with the contempt that the judge contributed to it or was otherwise involved, or the judge's objectivity can reasonably be questioned.B. Indirect Contempt for Refusal to Comply With Subpoena. 1. Power of the Court. The court has the power to punish a witness for willful disobedience of, or willful resistance to, a subpoena lawfully issued or made by the court.2. Attachment of a Witness for Nonattendance. When a witness fails to attend in obedience to a subpoena, except in case of a demand and failure to pay witness fees, the trial judge before whom attendance by the witness is required may issue an attachment to the sheriff of the county where the witness resides, or where the witness may be at the time, commanding the sheriff to arrest and bring the person named in the subpoena before the trial judge at a time and place to be fixed in the attachment, to give testimony and answer for the contempt. If the attachment does not require the witness to be immediately brought before the trial judge, a sum may be fixed in which the witness may give an undertaking, with surety, for their appearance. Such sum shall be endorsed on the back of the attachment. If no sum for the undertaking is fixed and endorsed on the attachment, it shall be One Hundred Dollars ($100.00). If the witness is not personally served with the attachment, the court may order the witness to show cause why an attachment should not issue against him or her. Charges for service of the attachment shall be paid by the party moving the Court for an order of contempt against the witness for refusal to comply with the subpoena.3. Punishment for Contempt. The punishment for failure of a witness to attend in obedience to a subpoena lawfully issued by the Workers' Compensation Court shall be limited to a fine not exceeding One Thousand Dollars ($1,000.00), payable by the witness to the Workers' Compensation Court for credit to the Administrator of Workers' Compensation Revolving Fund created pursuant to 85 O.S., Section 370(A).C. Indirect Contempt for Disobedience To Court Order. Obedience of any person to an order of the Workers' Compensation Court, other than a subpoena to testify as a witness, may be compelled by attachment proceedings through the district court upon application of the Workers' Compensation Court judge pursuant to 85 O.S., Section 347.Okla. Stat. tit. 85, § 61
Adopted by order of the Supreme Court, 1997 OK 130 , eff. 11/1/1997; Amended by order of the Supreme Court, 2000 OK 13 , eff. 4/15/2000; Amended by order of the Supreme Court, 2001 OK 46, eff. 7/1/2001; Renumbered and amended from former Rule 56, by order of the Supreme Court, 2002 OK 6, eff. 3/1/2002; Renumbered from former Rule 59 by order of the Supreme Court, 2006 OK 6, eff. 1/30/2006. Amended by order of the Supreme Court, 2012 OK 19, eff. 3/6/2012 .