Okla. Stat. tit. 22, § 22-1089.2
This is the official text of Okla. Stat. tit. 22, § 22-1089.2, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Notice of intent to appeal - Application to appeal
Official statutory text
A. If in open court at the time the adverse ruling or order is
made by the magistrate, the state shall give notice of its intention
to appeal the decision. The magistrate shall then enter the notice
in the proper court docket, continue the preliminary hearing and
retain the accused on the present bond or if the person is in
custody, return the accused to custody. The state shall file with
the court clerk a written application to appeal from the adverse
ruling or order of the magistrate within five (5) days from the date
of the adverse ruling or order.
B. If not in open court at the time the adverse ruling or order
is made by the magistrate, within five (5) days from the date of the
adverse ruling or order, the state shall file with the court clerk a
written application to appeal from the adverse ruling or order of
the magistrate.
C. A copy of the application to appeal shall immediately be
presented by the state to the Presiding Judge of the Judicial
Administrative District. The Presiding Judge shall assign the
application to another district judge or associate district judge
within the same judicial administrative district, and shall order
the assigned judge to set said matter for hearing and decision
within twenty (20) days from the filing of the written application
to appeal and shall provide at least three (3) days’ notice to all
parties of the time and place of the hearing. In the absence of the
Presiding Judge of the Judicial Administrative District, the Acting
Presiding Judge shall perform the duties of the Presiding Judge as
set forth above. The identity of the Acting Presiding Judge, if not
known locally, may be obtained from the Administrative Director of
the Courts at his office in Oklahoma City.
Oklahoma Statutes - Title 22. Criminal Procedure Page 380
made by the magistrate, the state shall give notice of its intention
to appeal the decision. The magistrate shall then enter the notice
in the proper court docket, continue the preliminary hearing and
retain the accused on the present bond or if the person is in
custody, return the accused to custody. The state shall file with
the court clerk a written application to appeal from the adverse
ruling or order of the magistrate within five (5) days from the date
of the adverse ruling or order.
B. If not in open court at the time the adverse ruling or order
is made by the magistrate, within five (5) days from the date of the
adverse ruling or order, the state shall file with the court clerk a
written application to appeal from the adverse ruling or order of
the magistrate.
C. A copy of the application to appeal shall immediately be
presented by the state to the Presiding Judge of the Judicial
Administrative District. The Presiding Judge shall assign the
application to another district judge or associate district judge
within the same judicial administrative district, and shall order
the assigned judge to set said matter for hearing and decision
within twenty (20) days from the filing of the written application
to appeal and shall provide at least three (3) days’ notice to all
parties of the time and place of the hearing. In the absence of the
Presiding Judge of the Judicial Administrative District, the Acting
Presiding Judge shall perform the duties of the Presiding Judge as
set forth above. The identity of the Acting Presiding Judge, if not
known locally, may be obtained from the Administrative Director of
the Courts at his office in Oklahoma City.
Oklahoma Statutes - Title 22. Criminal Procedure Page 380
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.