Okla. Stat. tit. 22, § 22-494: Hearing on motion to set aside indictment or information
Where this section sits in the code
- OK Code
- Title 22
To enable the defendant to make proof of the matter set up as
grounds for setting aside the indictment, or information, the
defendant may file his application before any court of record in the
county, setting out and alleging that he is being proceeded against
in a certain court, naming it, and setting out a copy of his motion
and alleging, all under oath, that he is acting in good faith, and
praying for an order to examine witnesses in support thereof. The
court shall thereupon issue subpoenas to compel any or all witnesses
desired to appear before him at the time named, and shall compel the
witnesses to testify fully in regard to the matter and reduce the
examination to writing, and certify to the same, and it may be used
to support the motion. The mover shall pay the costs of the
proceeding. He shall notify the district attorney at least two
clear days before he proceeds, of the time and place of taking such
testimony, and the district attorney may be present and cross-
examine the witnesses and if need be the case in the district court
must be adjourned for that purpose.
Collected 2026-09-14T18:32:36Z. Source file · JSON