Okla. Stat. tit. 22, § 22-524
This is the official text of Okla. Stat. tit. 22, § 22-524, 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.
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Preliminary hearing on felony indictment - Time for
Official statutory text
request - Witnesses - Dismissal.
Upon the return and filing of an indictment for a felony, the
defendant so charged and arrested thereon, or the state, upon filing
a request in writing, shall be entitled to have a copy of said
indictment, certified by the court clerk, filed with a district,
superior, common pleas or county judge, to be designated by the
Judge presiding over the grand jury, and the defendant shall have a
preliminary hearing thereon, before such designated judge, as a
magistrate, as though said charge had been originally filed by
verified information, with such magistrate, and under the law
applying to the institution and conduct of prosecutions by
information filed by the state. Any such request must be filed
within ten (10) days after the filing of such indictment with the
court clerk, or within ten (10) days after the defendant charged
under said indictment has been arrested thereon, whichever is later.
Upon such preliminary hearing, the members of the grand jury shall
not be subpoenaed or called as a witness except upon an indictment
charging the commission of the offense of perjury before the grand
jury. The names of witnesses other than those endorsed on the
indictment may be endorsed on the indictment prior to said
preliminary hearing and such additional persons may be called as
witnesses at such preliminary hearing; provided, that this section
shall not apply to motion to quash or vacate the grand jury
proceedings or indictment upon other grounds. Provided, grand
jurors may be called as rebuttal witnesses.
Upon application of the defendant or the state, after the filing
of the copy of the indictment with the magistrate, as hereinabove
provided, the court may order the indictment filed with the court
clerk dismissed and any bond made in the case exonerated.
Upon the return and filing of an indictment for a felony, the
defendant so charged and arrested thereon, or the state, upon filing
a request in writing, shall be entitled to have a copy of said
indictment, certified by the court clerk, filed with a district,
superior, common pleas or county judge, to be designated by the
Judge presiding over the grand jury, and the defendant shall have a
preliminary hearing thereon, before such designated judge, as a
magistrate, as though said charge had been originally filed by
verified information, with such magistrate, and under the law
applying to the institution and conduct of prosecutions by
information filed by the state. Any such request must be filed
within ten (10) days after the filing of such indictment with the
court clerk, or within ten (10) days after the defendant charged
under said indictment has been arrested thereon, whichever is later.
Upon such preliminary hearing, the members of the grand jury shall
not be subpoenaed or called as a witness except upon an indictment
charging the commission of the offense of perjury before the grand
jury. The names of witnesses other than those endorsed on the
indictment may be endorsed on the indictment prior to said
preliminary hearing and such additional persons may be called as
witnesses at such preliminary hearing; provided, that this section
shall not apply to motion to quash or vacate the grand jury
proceedings or indictment upon other grounds. Provided, grand
jurors may be called as rebuttal witnesses.
Upon application of the defendant or the state, after the filing
of the copy of the indictment with the magistrate, as hereinabove
provided, the court may order the indictment filed with the court
clerk dismissed and any bond made in the case exonerated.
Status: in_force · Read it on the official government site
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