{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-812.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-812.2","heading":"Right to speedy trial – Review process","body":"A. Whenever the court finds that a case should be reviewed to\n\ndetermine if the right of an accused to a speedy trial is being\n\nprotected, the court shall:\n\n1. Issue notice to the district attorney, the accused, and the\n\nattorney for the accused that the case will be reviewed by the court\n\nat a date and time which is not less than ten (10) days nor more\n\nthan twenty (20) days from the date of the notice. Each party shall\n\nhave the opportunity to present evidence or legal authority in\n\nsupport of its position; and\n\n2. Take evidence from both parties regarding the\n\nappropriateness of the cause for the delay. At the hearing, the\n\ncourt shall consider whether the delay has occurred for any of the\n\nfollowing reasons:\n\na. the extent to which the delay is the result of the\n\napplication of the accused or an attorney on behalf of\n\nthe accused,\n\nb. the extent to which the delay is the result of the\n\nfault of the accused or the attorney for the accused,\n\nc. the accused is incompetent to stand trial,\n\nd. a proceeding to determine the competency of the accused\n\nto stand trial is pending and a determination cannot be\n\ncompleted within the time limitations fixed for trial,\n\ne. there is material evidence or a material witness which\n\nis unavailable and that reasonable efforts have been\n\nmade to procure such evidence or witness, and there are\n\nreasonable grounds to believe that such evidence or\n\nwitness can be obtained and trial commenced within a\n\nreasonable time,\n\nf. the accused is charged as a codefendant or\n\ncoconspirator and the court has determined that the\n\ncodefendants or coconspirators must be tried before\n\nseparate juries taken from separate jury panels,\n\ng. the court has other cases pending for trial that are\n\nfor persons incarcerated prior to the case in question,\n\nand the court does not have sufficient time to commence\n\nthe trial of the case within the time limitation fixed\n\nfor trial; provided, the case shall be commenced as\n\nsoon as practicable,\n\nh. the court, state, accused, or the attorney for the\n\naccused is incapable of proceeding to trial due to\n\nillness or other exigent reason and it is unreasonable\n\nto reassign the case,\n\ni. no court reporter is available for the trial of the\n\ncase; provided, if the delay is pursuant to this\n\nsubparagraph, a court reporter shall be assigned within\n\nsixty (60) days of the hearing, and\n\nj. due to other reasonable grounds the court does not have\n\nsufficient time to commence the trial of the case\n\nwithin the time limit fixed for trial; provided, the\n\ncourt shall commence the trial case as soon thereafter\n\nas practicable.\n\nB. After hearing all the evidence and the legal arguments\n\nproperly submitted, if the court finds by a preponderance of the\n\nevidence that none of the exceptions set out in paragraph 2 of\n\nsubsection A of this section justify additional delay and the right\n\nof the accused to a speedy trial as provided in this section and\n\nSection 812.1 of this title has been violated, the court shall\n\ndismiss the case.\n\nC. If a preliminary hearing has been held, the case may be\n\nrefiled upon a showing of newly discovered evidence which could not\n\nhave been discovered prior to trial, unless the applicable statute\n\nof limitations has expired.\n\nD. If a preliminary hearing has not been held, the case may be\n\nrefiled upon good cause shown unless any applicable statute of\n\nlimitations has expired.\n\nE. After hearing all the evidence and the legal arguments\n\nproperly submitted, if the court finds that the right of the accused\n\nto a speedy trial has not been violated, the court shall set the\n\ncase for review within three (3) months. If the case is still\n\npending after the three-month period, the court shall conduct\n\nanother review. The review of pending cases shall be a continuing\n\nresponsibility of the court until final disposition of the case.","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":"87f65966c1364d4bd45b1d5d8badc9e522f075cfb091145f0a196da65c38c625","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-812.1","next":"us-ok/okla.-stat.-tit.-22-22-814"},"notice":"GroundRules: Original legal text. Not legal advice."}