Okla. Stat. tit. 22, § 22-831
This is the official text of Okla. Stat. tit. 22, § 22-831, 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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Order of trial proceedings
Official statutory text
The jury having been impaneled and sworn, the trial must proceed
in the following order:
1. If the indictment or information is for a felony, the clerk
or district attorney must read it, and state the plea of the
defendant to the jury. In other cases this formality may be
dispensed with.
2. The district attorney, or other counsel for the state, must
open the case and offer the evidence in support of the indictment or
information.
3. The defendant or defendant’s counsel shall give an opening
statement immediately after the opening statement of the district
attorney unless the defendant affirmatively reserves the opening
statement until the district attorney has rested the state’s case.
The defense may offer evidence after the close of the state’s case.
4. The parties may then, respectively, offer rebutting
testimony only, unless the court for good reason, in furtherance of
justice, or to correct an evident oversight, permit them to offer
evidence upon their original case.
5. When the evidence is concluded, the attorneys for the
prosecution may submit to the court written instructions. If the
questions of law involved in the instructions are to be argued, the
court shall direct the jury to withdraw during the argument, and
after the argument, must settle the instructions, and may give or
refuse any instructions asked, or may modify the same as he deems
the law to be. Instructions refused shall be marked in writing by
the judge, if modified, modification shall be shown in the
instruction. When the instructions are thus settled, the jury, if
sent out, shall be recalled and the court shall thereupon read the
instructions to the jury.
6. Thereupon, unless the case is submitted to the jury without
argument, the counsel for the state shall commence, and the
defendant or his counsel shall follow, then the counsel for the
state shall conclude the argument to the jury. During the argument
the attorneys shall be permitted to read and comment upon the
instructions as applied to the evidence given, but shall not argue
Oklahoma Statutes - Title 22. Criminal Procedure Page 246
to the jury the correctness or incorrectness of the propositions of
law therein contained. The court may permit one or more counsel to
address the jury on the same side, and may arrange the order in
which they shall speak, but shall not without the consent of the
attorneys limit the time of their arguments. When the arguments are
concluded, if the court be of the opinion that the jury might be
misled by the arguments of counsel, he may to prevent the same
further instruct the jury. All instructions given shall be in
writing unless waived by both parties, and shall be filed and become
a part of the record in the case.
in the following order:
1. If the indictment or information is for a felony, the clerk
or district attorney must read it, and state the plea of the
defendant to the jury. In other cases this formality may be
dispensed with.
2. The district attorney, or other counsel for the state, must
open the case and offer the evidence in support of the indictment or
information.
3. The defendant or defendant’s counsel shall give an opening
statement immediately after the opening statement of the district
attorney unless the defendant affirmatively reserves the opening
statement until the district attorney has rested the state’s case.
The defense may offer evidence after the close of the state’s case.
4. The parties may then, respectively, offer rebutting
testimony only, unless the court for good reason, in furtherance of
justice, or to correct an evident oversight, permit them to offer
evidence upon their original case.
5. When the evidence is concluded, the attorneys for the
prosecution may submit to the court written instructions. If the
questions of law involved in the instructions are to be argued, the
court shall direct the jury to withdraw during the argument, and
after the argument, must settle the instructions, and may give or
refuse any instructions asked, or may modify the same as he deems
the law to be. Instructions refused shall be marked in writing by
the judge, if modified, modification shall be shown in the
instruction. When the instructions are thus settled, the jury, if
sent out, shall be recalled and the court shall thereupon read the
instructions to the jury.
6. Thereupon, unless the case is submitted to the jury without
argument, the counsel for the state shall commence, and the
defendant or his counsel shall follow, then the counsel for the
state shall conclude the argument to the jury. During the argument
the attorneys shall be permitted to read and comment upon the
instructions as applied to the evidence given, but shall not argue
Oklahoma Statutes - Title 22. Criminal Procedure Page 246
to the jury the correctness or incorrectness of the propositions of
law therein contained. The court may permit one or more counsel to
address the jury on the same side, and may arrange the order in
which they shall speak, but shall not without the consent of the
attorneys limit the time of their arguments. When the arguments are
concluded, if the court be of the opinion that the jury might be
misled by the arguments of counsel, he may to prevent the same
further instruct the jury. All instructions given shall be in
writing unless waived by both parties, and shall be filed and become
a part of the record in the case.
Status: in_force · Read it on the official government site
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