Okla. Stat. tit. 12, § 12-667
This is the official text of Okla. Stat. tit. 12, § 12-667, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Continuances - Power to grant - Costs - Continuances and
Official statutory text
appeals when member of Legislature is party or attorney.
The court may, for good cause shown, continue an action at any
stage of the proceedings upon terms as may be just; provided, that
if a party or his attorney of record is serving as a member of the
Legislature or the Senate, sitting as a court of impeachment, or
within thirty (30) days after an adjournment of a session of the
Legislature, such fact shall constitute cause for continuance of the
case, and it is mandatory that the court shall grant such
continuance upon motion whether such attorney may have been employed
before or during the session of the Legislature, and the court shall
have no power to exercise its discretion as to the granting of such
continuance, and all motions, demurrers and preliminary matters to
be heard by the court, the refusal to grant which shall constitute
error, and entitle such party to a new trial as a matter of right.
When a continuance is granted on account of the absence of evidence,
it shall be at the cost of the party making the application unless
the court otherwise order. And when any litigant has given notice
of appeal from any judgment of any court of record in this state to
the Supreme Court or Criminal Court of Appeals and the time for
doing any act to perfect such appeal has, or does hereafter lapse
during the session of the Legislature, whether regular or special,
and the said litigant is a member of the Senate or House of
Representatives, of the State of Oklahoma, in such session, or his
attorney of record is such member, such litigant or attorney shall
have such time after the adjournment of the session of the
Legislature to perform such act and complete his appeal as he had at
the commencement of the session of the Legislature, of which he or
his attorney of record was a member, and all acts done in the
perfection of such appeals shall be as valid as if done within the
time provided.
R.L. 1910, § 5044. Amended by Laws 1915, c. 236, p. 556, § 1; Laws
1919, c. 263, p. 374, § 1; Laws 1935, p. 2, § 1; Laws 1937, p. 1, §
1; Laws 1955, p. 134, § 1.
The court may, for good cause shown, continue an action at any
stage of the proceedings upon terms as may be just; provided, that
if a party or his attorney of record is serving as a member of the
Legislature or the Senate, sitting as a court of impeachment, or
within thirty (30) days after an adjournment of a session of the
Legislature, such fact shall constitute cause for continuance of the
case, and it is mandatory that the court shall grant such
continuance upon motion whether such attorney may have been employed
before or during the session of the Legislature, and the court shall
have no power to exercise its discretion as to the granting of such
continuance, and all motions, demurrers and preliminary matters to
be heard by the court, the refusal to grant which shall constitute
error, and entitle such party to a new trial as a matter of right.
When a continuance is granted on account of the absence of evidence,
it shall be at the cost of the party making the application unless
the court otherwise order. And when any litigant has given notice
of appeal from any judgment of any court of record in this state to
the Supreme Court or Criminal Court of Appeals and the time for
doing any act to perfect such appeal has, or does hereafter lapse
during the session of the Legislature, whether regular or special,
and the said litigant is a member of the Senate or House of
Representatives, of the State of Oklahoma, in such session, or his
attorney of record is such member, such litigant or attorney shall
have such time after the adjournment of the session of the
Legislature to perform such act and complete his appeal as he had at
the commencement of the session of the Legislature, of which he or
his attorney of record was a member, and all acts done in the
perfection of such appeals shall be as valid as if done within the
time provided.
R.L. 1910, § 5044. Amended by Laws 1915, c. 236, p. 556, § 1; Laws
1919, c. 263, p. 374, § 1; Laws 1935, p. 2, § 1; Laws 1937, p. 1, §
1; Laws 1955, p. 134, § 1.
Status: in_force · Read it on the official government site
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