Okla. Stat. tit. 22, § 22-1089.2: Notice of intent to appeal - Application to appeal

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.