Oklahoma Statutes

Okla. Stat. tit. 22, § 340 (2026)

Advice of court or district attorney – Reproduction or

✓ current as of July 2026

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disclosure of transcript - Who may be present. A. The grand jury may at all reasonable times ask the advice of the court or of the district attorney. In no event shall the grand jury be advised as to the sufficiency or insufficiency of the evidence necessary to return a true bill, in a matter under investigation before them. The district attorney, with or without a regularly appointed assistant district attorney individually or collectively, or if the district attorney and all of his or her assistants are disqualified for any reason, a district attorney or assistant district attorney from another district, appointed by the Attorney General of Oklahoma pursuant to Sections 215.9 and 215.13 of Title 19 of the Oklahoma Statutes, and where proper, the Attorney General, or an assistant attorney general, may at all times appear before the grand jury for the purpose of giving information or advice relative to any matter cognizable before them and may interrogate witnesses before them whenever he or she thinks it necessary. A qualified court reporter shall be present and take the testimony of all witnesses. B. Upon request, a grand jury transcript of the testimony or any portion thereof shall be made available to the attorney for the accused , the district attorney, assistant district attorney, the Attorney General, or an assistant attorney general, at the expense of the requesting party or officer. In the event of an indigent accused, the expense for the transcript shall be borne by the state in the same manner and from the same funds as indigent representation. Any attorney or other person who obtains a copy of a grand jury transcript shall be prohibited from disclosing its contents to any person other than his or her attorney in the criminal proceeding, related asset forfeiture proceeding, or removal proceeding. A transcript obtained pursuant to this subsection shall not be used for any purpose other than in proceedings relating to the grand jury testimony, civil asset forfeiture proceedings related to an indictment from the grand jury, or an accusation for removal of a public official from the grand jury, or in preparation for those proceedings, without good cause shown supported by clear and convincing evidence after written motion and hearing before the judge presiding over the grand jury.

The prosecutor serving as a legal advisor to the grand jury shall receive timely notice of the motion and hearing and be allowed an opportunity to object to any order of release of grand jury transcripts. The pleadings relating to a request for grand jury transcripts shall be sealed and any hearing held pursuant to a request for grand jury transcripts shall be closed to the public unless the presiding judge of the grand jury finds that the public interest in unsealing the pleadings or opening the hearing to the public outweighs the public interest in maintaining the secrecy of the grand jury investigation. Except in a civil asset forfeiture proceeding related to a grand jury indictment, an attorney who obtains a copy of a grand jury transcript pursuant to this subsection shall be precluded from representing any party in a civil case related to the grand jury testimony or using the grand jury transcripts to the benefit or detriment of a party in a civil proceeding. Nothing in this subsection shall prohibit the Attorney General or a district attorney from prosecuting an indictment or accusation for removal while his or her office is or has been engaged in related civil litigation, provided that the grand jury transcripts or their contents are not provided or disclosed to the staff of the Attorney General or district attorney involved in the civil litigation. Nor does this subsection prohibit the attorney for the accused, district attorney, assistant district attorney, the Attorney General, or an assistant attorney general from providing to a witness the transcribed grand jury testimony of that witness for the sole purpose of preparing the witness for his or her subsequent testimony at a trial or hearing arising out of a grand jury indictment, accusation for removal, or civil asset forfeiture action related to a grand jury indictment. The witness who is provided a transcript of his or her testimony shall be subject to the same restrictions on disclosure as any other person. Violation of this subsection shall be a misdemeanor and may also be punishable as contempt. C. No other person is permitted to be present during sessions of the grand jury except the members of the grand jury, the witness actually under examination, and one attorney representing such witness, except that an interpreter, when necessary, may be present during the interrogation of a witness; provided that, no person, except the members of the grand jury, shall be permitted to be present during the expression of juror opinions or the giving of votes upon any matter before the grand jury; provided further that neither the district attorney, nor an assistant district attorney, may be present or participate in an official capacity, as herein provided, during an investigation by the grand jury of the district attorney's office, or of any person officially associated with said office.

R.L. 1910, § 726. Amended by Laws 1961, p. 236, § 1; Laws 1965, c. 532, § 1; Laws 1967, c. 226, § 1, emerg. eff. May 2, 1967; Laws 1974, c. 60, § 1; Laws 1989, c. 179, § 3, eff. Nov. 1, 1989; Laws 1999, c. 147, § 1, emerg. eff. May 3, 1999; Laws 2025, c. 333, § 1, eff. Nov. 1, 2025.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1959–2023 · leading case: State v. Hall, 2008 OK CR 15 (Okla. Crim. App. 2008).

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State v. Hall, 2008 OK CR 15 (Okla. Crim. App. 2008). · cites it 9× “II, § 18, and 22 O.S.2001, § 340), the evidence presented to the grand jury could not furnish the basis for the Information and/or for a finding of probable cause at the preliminary hearing.”

Hammers v. State, 337 P.2d 1097 (Okla. Crim. App. 1959). · cites it 3× “” 22 O.S.1951 § 340 provides, in part: “The grand jury may at all reasonable times ask the advice of the court or of the county attorney.”

Stone v. Hope, 488 P.2d 616 (Okla. Crim. App. 1971). · cites it 2× “Davis, you realize you are appearing before the grand jury at the request of the District Attorney's office, do you not? "A. Yes, I do." Thus, the prosecutor here was hardly a hapless bystander and was, in fact, the instigator in the refiling by indictment.”

In Re Proc. of Multicounty Grand Jury, 847 P.2d 812 (Okla. Crim. App. 1993). · cites it 2× “Although witness immunity can only be requested from and granted by the court, for purposes of secrecy, such hearings cannot be distinguished and separated from matters occurring before the multi- *815 county grand jury within the confines of the grand jury room.”

In Re Complaint Against \Judge Anonymous\"", 590 P.2d 1181 (Okla. 1978). “22 O.S.Supp.1974, § 340 provides that a witness under examination by a grand jury may have one attorney representing such witness present during the grand jury proceedings.”

Grand Jury of Seminole Cnty. v. Dye, 571 P.2d 1200 (Okla. 1977). “Grand jury proceedings are covered by 22 O.S.1971, § 340, which provides: “The grand jury may at all reasonable times ask the advice of the court or of the district attorney.”

English v. Dist. Court of Adair Cnty., 492 P.2d 1125 (Okla. Crim. App. 1972). · cites it 2× “Title 22 O.S., § 340 provides in part: “A qualified court reporter shall be present and take the testimony of all witnesses and upon request a transcript of said testimony or any portion thereof shall be made available to an accused or the district attorney, at the expense of…”

United States v. Hughes, 413 F.2d 1244 (5th Cir. 1969). “Some states have gone so far as to eliminate post-indictment grand jury secrecy altogether. See Cal.Pen.Code § 938.”

State Ex Rel. Fallis v. Miracle, 494 P.2d 676 (Okla. Crim. App. 1972). · cites it 8× “On January 24, 1971, defendants filed written motions before the designated judge to be furnished transcripts of the testimony of Arliss Delbert Self, Cleo Epps, and Georgia Whipple Jenkins given at the first Grand Jury and the testimony of Arliss Delbert Self and Martin Edwards…”

State v. Ringgold, 635 P.2d 626 (Okla. Crim. App. 1981). · cites it 3× “60, § 1, now 22 O.S.Supp.1980, § 340. Judge Green found that during the grand jury session investigating the appellee, Larry Ringgold, the district attorney’s office was under investigation as well, and during the session no partial report was issued by the grand jury concluding…”

State v. Ponzo (Del. Super. Ct. 2023). “2d 93, 98 (1989); Okla. Stat. Ann. tit. 22, § 340 (A) (West); Or.”

State ex rel. Grand Jury of Sequoyah Cnty. v. Thornton, 653 P.2d 936 (Okla. 1982). · cites it 2× “Judge Charles Woodson found that there had been substantial compliance with the Jury Wheel Act of 1949 as amended, but sustained appellee’s Motion to Dismiss and Quash the Grand Jury accusations for violations of 22 O.S.Supp.1974 § 340. Appellant also contends that the…”

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— Okla. Stat. tit. 22, § 340(C) — 1 case

State v. Hall, 2008 OK CR 15 (Okla. Crim. App. 2008). “II, § 18, and 22 O.S.2001, § 340), the evidence presented to the grand jury could not furnish the basis for the Information and/or for a finding of probable cause at the preliminary hearing.”

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