Okla. Stat. tit. 44, § 44-835
This is the official text of Okla. Stat. tit. 44, § 44-835, part of Oklahoma’s Stat. tit. 44, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 44,." Browse the sections below, each linked to its official government source.
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Service of charges - Commencement of trial
Official statutory text
ARTICLE 35. Service of charges; commencement of trial.
Oklahoma Statutes - Title 44. Militia Page 95
A. In general. Trial counsel detailed for a court-martial
under Section 827 of this title (Article 27) shall cause to be
served upon the accused a copy of the charges and specifications
referred for trial.
B. Commencement of trial.
1. Subject to paragraph 2 of this subsection, no trial or other
proceeding of a general court-martial or a special court-martial,
including any session under subsection A of Section 839 of this
title (Article 39, subsection A) may be held over the objection of
the accused:
a. with respect to a general court-martial, from the time
of service through the fifth day after the date of
service, or
b. with respect to a special court-martial, from the time
of service through the third day after the date of
service.
2. An objection under paragraph 1 of this subsection may be
raised only at the first session of the trial or other proceeding
and only if the first session occurs before the end of the
applicable periods under subparagraph a or b of paragraph 1 of this
subsection. If the first session occurs before the end of the
applicable period, the military judge shall, at that session,
inquire as to whether the defense objects under this subsection.
C. Continuances. Upon a showing of good cause, the military
judge in a general or special court-martial may grant a continuance
of any hearing in which the presence of the accused is required.
Oklahoma Statutes - Title 44. Militia Page 95
A. In general. Trial counsel detailed for a court-martial
under Section 827 of this title (Article 27) shall cause to be
served upon the accused a copy of the charges and specifications
referred for trial.
B. Commencement of trial.
1. Subject to paragraph 2 of this subsection, no trial or other
proceeding of a general court-martial or a special court-martial,
including any session under subsection A of Section 839 of this
title (Article 39, subsection A) may be held over the objection of
the accused:
a. with respect to a general court-martial, from the time
of service through the fifth day after the date of
service, or
b. with respect to a special court-martial, from the time
of service through the third day after the date of
service.
2. An objection under paragraph 1 of this subsection may be
raised only at the first session of the trial or other proceeding
and only if the first session occurs before the end of the
applicable periods under subparagraph a or b of paragraph 1 of this
subsection. If the first session occurs before the end of the
applicable period, the military judge shall, at that session,
inquire as to whether the defense objects under this subsection.
C. Continuances. Upon a showing of good cause, the military
judge in a general or special court-martial may grant a continuance
of any hearing in which the presence of the accused is required.
Status: in_force · Read it on the official government site
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