Okla. Stat. tit. 22, § 22-258

First: The witnesses must be examined in the presence of the

defendant, and may be cross-examined by the defendant. On the

request of the district attorney, or the defendant, all the

testimony must be reduced to writing in the form of questions and

answers and signed by the witnesses, or the same may be taken in

shorthand and transcribed without signing, and in both cases filed

with the clerk of the district court, by the examining magistrate,

and may be used as provided in Section 333 of this title. In no

case shall the county be liable for the expense in reducing such

testimony to writing, unless ordered by the judge of a court of

record.

Second: The district attorney may, on approval of the county

judge or the district judge, issue subpoenas in felony cases and

call witnesses before the district attorney and have them sworn and

their testimony reduced to writing and signed by the witnesses at

the cost of the county. Such examination must be confined to some

felony committed against the statutes of the state and triable in

that county, and the evidence so taken shall not be receivable in

any civil proceeding. A refusal to obey such subpoena or to be

sworn or to testify may be punished as a contempt on complaint and

showing to the county court, or district court, or the judges

thereof that proper cause exists therefor.

Third: No preliminary information shall be filed without the

consent or endorsement of the district attorney, unless the

defendant be taken in the commission of a felony, or the offense be

of such character that the accused is liable to escape before the

district attorney can be consulted. If the defendant is discharged

and the information is filed without authority from or endorsement

of the district attorney, the costs must be taxed to the prosecuting

witness, and the county shall not be liable therefor.

Fourth: The convening and session of a grand jury does not

dispense with the right of the district attorney to file complaints

and informations, conduct preliminary hearings and other routine

matters, unless otherwise specifically ordered, by a written order

of the court convening the grand jury; made on the court's own

motion, or at the request of the grand jury.

Fifth: There shall be no preliminary examinations in

misdemeanor cases.

Sixth: A preliminary magistrate shall have the authority to

limit the evidence presented at the preliminary hearing to that

which is relevant to the issues of: (1) whether the crime was

committed, and (2) whether there is probable cause to believe the

defendant committed the crime. Once a showing of probable cause is

made the magistrate shall terminate the preliminary hearing and

Oklahoma Statutes - Title 22. Criminal Procedure Page 144

enter a bindover order; provided, however, that the preliminary

hearing shall be terminated only if the state made available for

inspection law enforcement reports within the prosecuting attorney's

knowledge or possession at the time to the defendant five (5)

working days prior to the date of the preliminary hearing. The

district attorney shall determine whether or not to make law

enforcement reports available prior to the preliminary hearing. If

reports are made available, the district attorney shall be required

to provide those law enforcement reports that the district attorney

knows to exist at the time of providing the reports, but this does

not include any physical evidence which may exist in the case. This

provision does not require the district attorney to provide copies

for the defendant, but only to make them available for inspection by

defense counsel. In the alternative, upon agreement of the state

and the defendant, the court may terminate the preliminary hearing

once a showing of probable cause is made.

Seventh: A preliminary magistrate shall accept into evidence as

proof of prior convictions a noncertified copy of a Judgment and
rney to provide copies

for the defendant, but only to make them available for inspection by

defense counsel. In the alternative, upon agreement of the state

and the defendant, the court may terminate the preliminary hearing

once a showing of probable cause is made.

Seventh: A preliminary magistrate shall accept into evidence as

proof of prior convictions a noncertified copy of a Judgment and

Sentence when the copy appears to the preliminary magistrate to be

patently accurate. The district attorney shall make a noncertified

copy of the Judgment and Sentence available to the defendant no

fewer than five (5) days prior to the hearing. If such copy is not

made available five (5) days prior to the hearing, the court shall

continue the portion of the hearing to which the copy is relevant

for such time as the defendant requests, not to exceed five (5) days

subsequent to the receipt of the copy.

Eighth: The purpose of the preliminary hearing is to establish

probable cause that a crime was committed and probable cause that

the defendant committed the crime.

Ninth: The preliminary hearing must be set within nine (9)

months from the initial appearance of the defendant. If

commencement of the preliminary hearing is delayed past the nine-

month time limit, a show cause hearing shall be scheduled by the

court to show reason for the delay. If the court fails to find good

cause for the delay, the court shall schedule a preliminary hearing

as soon as practicable.