{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-952","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-952","heading":"Grounds for new trial - Affidavits and testimony","body":"A court in which a trial has been had upon an issue of fact has\n\npower to grant a new trial when a verdict has been rendered against\n\na defendant by which his substantial rights have been prejudiced,\n\nupon his application in the following cases only:\n\nFirst. When the trial has been in his absence, if the charge is\n\nfor a felony.\n\nSecond. When the jury have received any evidence out of court,\n\nother than that resulting from a view of the premises.\n\nThird. When the jury have separated without leave of the court,\n\nafter retiring to deliberate on their verdict, and before delivering\n\nor sealing the same, if it be sealed, or have been guilty of any\n\nmisconduct by which a fair and due consideration of the case has\n\nbeen prevented.\n\nFourth. When the verdict has been decided by lot, or by any\n\nmeans other than a fair expression of opinion on the part of the\n\njury.\n\nFifth. When the court has misdirected the jury in a matter of\n\nlaw, or has erred in the decision of any question of law arising\n\nduring the course of the trial.\n\nSixth. When the verdict is contrary to law or evidence.\n\nSeventh. When new evidence is discovered, material to the\n\ndefendant, and which he could not with reasonable diligence have\n\ndiscovered before the trial, or when it can be shown that the grand\n\njury was not drawn summoned or impaneled as provided by law, and\n\nthat the facts in relation thereto were unknown to the defendant or\n\nhis attorney until after the trial jury in the case was sworn and\n\nwere not of record. When a motion for a new trial is made on the\n\nground of newly discovered evidence, the defendant must produce at\n\nthe hearing in support thereof affidavits of witnesses, or he may\n\ntake testimony in support thereof as provided in Section 5781, and\n\nif time is required by the defendant to procure such affidavits or\n\ntestimony, the court may postpone the hearing of the motion for such\n\nlength of time as under all the circumstances of the case may seem\n\nreasonable. The application for a new trial on the ground that the\n\ngrand jury was not drawn summoned or impaneled as provided by law\n\nmay be shown in like manner.","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":"cf333c91e98cbd43983484192d4184dfcf840e300552bb78a9b01a4e06b2407a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-951","next":"us-ok/okla.-stat.-tit.-22-22-953"},"notice":"GroundRules: Original legal text. Not legal advice."}