{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-258","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-258","heading":"Preliminary examinations and proceedings thereon","body":"First: The witnesses must be examined in the presence of the\n\ndefendant, and may be cross-examined by the defendant. On the\n\nrequest of the district attorney, or the defendant, all the\n\ntestimony must be reduced to writing in the form of questions and\n\nanswers and signed by the witnesses, or the same may be taken in\n\nshorthand and transcribed without signing, and in both cases filed\n\nwith the clerk of the district court, by the examining magistrate,\n\nand may be used as provided in Section 333 of this title. In no\n\ncase shall the county be liable for the expense in reducing such\n\ntestimony to writing, unless ordered by the judge of a court of\n\nrecord.\n\nSecond: The district attorney may, on approval of the county\n\njudge or the district judge, issue subpoenas in felony cases and\n\ncall witnesses before the district attorney and have them sworn and\n\ntheir testimony reduced to writing and signed by the witnesses at\n\nthe cost of the county. Such examination must be confined to some\n\nfelony committed against the statutes of the state and triable in\n\nthat county, and the evidence so taken shall not be receivable in\n\nany civil proceeding. A refusal to obey such subpoena or to be\n\nsworn or to testify may be punished as a contempt on complaint and\n\nshowing to the county court, or district court, or the judges\n\nthereof that proper cause exists therefor.\n\nThird: No preliminary information shall be filed without the\n\nconsent or endorsement of the district attorney, unless the\n\ndefendant be taken in the commission of a felony, or the offense be\n\nof such character that the accused is liable to escape before the\n\ndistrict attorney can be consulted. If the defendant is discharged\n\nand the information is filed without authority from or endorsement\n\nof the district attorney, the costs must be taxed to the prosecuting\n\nwitness, and the county shall not be liable therefor.\n\nFourth: The convening and session of a grand jury does not\n\ndispense with the right of the district attorney to file complaints\n\nand informations, conduct preliminary hearings and other routine\n\nmatters, unless otherwise specifically ordered, by a written order\n\nof the court convening the grand jury; made on the court's own\n\nmotion, or at the request of the grand jury.\n\nFifth: There shall be no preliminary examinations in\n\nmisdemeanor cases.\n\nSixth: A preliminary magistrate shall have the authority to\n\nlimit the evidence presented at the preliminary hearing to that\n\nwhich is relevant to the issues of: (1) whether the crime was\n\ncommitted, and (2) whether there is probable cause to believe the\n\ndefendant committed the crime. Once a showing of probable cause is\n\nmade the magistrate shall terminate the preliminary hearing and\n\nenter a bindover order; provided, however, that the preliminary\n\nhearing shall be terminated only if the state made available for\n\ninspection law enforcement reports within the prosecuting attorney's\n\nknowledge or possession at the time to the defendant five (5)\n\nworking days prior to the date of the preliminary hearing. The\n\ndistrict attorney shall determine whether or not to make law\n\nenforcement reports available prior to the preliminary hearing. If\n\nreports are made available, the district attorney shall be required\n\nto provide those law enforcement reports that the district attorney\n\nknows to exist at the time of providing the reports, but this does\n\nnot include any physical evidence which may exist in the case. This\n\nprovision does not require the district attorney to provide copies\n\nfor the defendant, but only to make them available for inspection by\n\ndefense counsel. In the alternative, upon agreement of the state\n\nand the defendant, the court may terminate the preliminary hearing\n\nonce a showing of probable cause is made.\n\nSeventh: A preliminary magistrate shall accept into evidence as\n\nproof of prior convictions a noncertified copy of a Judgment and\nrney to provide copies\n\nfor the defendant, but only to make them available for inspection by\n\ndefense counsel. In the alternative, upon agreement of the state\n\nand the defendant, the court may terminate the preliminary hearing\n\nonce a showing of probable cause is made.\n\nSeventh: A preliminary magistrate shall accept into evidence as\n\nproof of prior convictions a noncertified copy of a Judgment and\n\nSentence when the copy appears to the preliminary magistrate to be\n\npatently accurate. The district attorney shall make a noncertified\n\ncopy of the Judgment and Sentence available to the defendant no\n\nfewer than five (5) days prior to the hearing. If such copy is not\n\nmade available five (5) days prior to the hearing, the court shall\n\ncontinue the portion of the hearing to which the copy is relevant\n\nfor such time as the defendant requests, not to exceed five (5) days\n\nsubsequent to the receipt of the copy.\n\nEighth: The purpose of the preliminary hearing is to establish\n\nprobable cause that a crime was committed and probable cause that\n\nthe defendant committed the crime.\n\nNinth: The preliminary hearing must be set within nine (9)\n\nmonths from the initial appearance of the defendant. If\n\ncommencement of the preliminary hearing is delayed past the nine-\n\nmonth time limit, a show cause hearing shall be scheduled by the\n\ncourt to show reason for the delay. If the court fails to find good\n\ncause for the delay, the court shall schedule a preliminary hearing\n\nas soon as practicable.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e2ab40e556b97db33d0cc4a19af82090517e244b1f15cb1c2675d2bf41e90dc5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-257","next":"us-ok/okla.-stat.-tit.-22-22-259"},"notice":"GroundRules: Original legal text. Not legal advice."}