Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional requested information, which was helpful to my analysis of your inquiry. I am sorry for all you have been through, and I hope that everything gets resolved appropriately for you in this matter.
2. That was an excellent explanation, and it all makes sense now. Wow -- you have been through the grind here! I commend you for trying to keep a good outlook, and based on the circumstances you are absolutely correct in going with a Subpoena Duce Tecum (SBT). It sounds like you already have a good working knowledge of procedure, so I apologize if some of this is review. I will try and answer each of your questions in the order posed and also give you some other relevant information
3. Although it is a relaxed forum compared to a court of general jurisdiction, in Oklahoma the Judge is required by law to apply evidence rules even in Small Claims cases. Procedurally, the rules are more informal although these cases are still governed by certain rules of Civil Procedure. If you do not already have a copy, the applicable statutory provisions are found in the Civil Procedure Code, specifically Oklahoma Statutes Annotated §§ 12-131 through 12-141; 12-1751 through 12-1773. Answering your questions will take us back to Title 12 (Civil Procedure), as well. In particular, §12-2004 et seq. is instructive. Seeing you are in Stillwater, it would be a good idea to check with the Court Clerk and see if she can provide and standardized discovery forms (subpoena).
4. "Do I use a certificate of service to be delivered to the defendent?" Essentially, although the procedure and terminology is a bit different. More is required that a general Certificate of Service usually attached to pleadings...i.e. "On such and such date I delivered to Defendant a true and correct copy of...". For a SDT, the process server will complete two items: (1) Proof of Service; and (2) Declaration of Server. These are from different types of cases, but they provide good examples for reference: SDT(1) and SDT(2).
5. "and if so do I serve the defendent first then wait 14 days and produce the subpeona with the certificate of service 14 days later to the bank?" Since the bank is the custodian of records, you have authority to serve it directly without first serving the defendant. In other words, even as a non-party you can serve the bank -- this is often done, for example, in say injury Litigation to obtain copies of medical records from physicians. It works the same way for business and financial records, as well. You will complete the Affidavit of Party Requesting Subpoena Duces Tecum. Once it is served, that puts the ball in the bank's court. It will have to produce the requested document (be sure to include a business records affidavit for their custodian of records to attach), or resist the subpoena. Frankly, I cannot imagine grounds for doing the latter in light of being served with a valid SDT.
6. "I really need to know how to notify the defendent that I will obtain a copy of the cancelled check for the court?" No permission or formal notification is required. The defendant is already on notice for some time now, and all you need to do is serve her with a copy of the subpoena papers served on the bank.
7. "and in what process I should do this?" This can be done with a certificate of service just like when you notice her on any other pleading or motion you might have filed in the case.
8. "Notify the defendent then wait 14 days then serve the subpeona duce tecum to the bank?" I see no need for doing so. Just serve the SDT on the bank, notice the defendant, and if she wants to fight it out with the bank and try to get it not to release the document, that is between the two of them.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.