{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-832","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-832","heading":"Preliminary hearing required before referral to general","body":"court-martial.\n\nARTICLE 32. Preliminary hearing required before referral to\n\ngeneral court-martial.\n\nA. In general.\n\n1. a. Except as provided in subparagraph b of this\n\nparagraph, a preliminary hearing shall be held before\n\nreferral of charges and specifications for trial by\n\ngeneral court-martial. The preliminary hearing shall\n\nbe conducted by an impartial hearing officer, detailed\n\nby the convening authority in accordance with\n\nsubsection B of this section.\n\nb. Under regulations promulgated by the Adjutant General,\n\na preliminary hearing need not be held if the accused\n\nsubmits a written waiver to the convening authority\n\nand the convening authority determines that a hearing\n\nis not required.\n\n2. The purpose of the preliminary hearing shall be limited to\n\ndetermining the following:\n\na. whether or not the specification alleges an offense\n\nunder the Oklahoma Uniform Code of Military Justice,\n\nb. whether or not there is probable cause to believe that\n\nthe accused committed the offense charged,\n\nc. whether or not the convening authority has court-\n\nmartial jurisdiction over the accused and over the\n\noffense, and\n\nd. a recommendation as to the disposition that should be\n\nmade of the case.\n\nB. Hearing officer.\n\n1. A preliminary hearing under this section shall be conducted\n\nby an impartial hearing officer, who shall be a judge advocate who\n\nis certified under paragraph 2 of subsection B of Section 827 of\n\nthis title (Article 27, subsection B, paragraph 2).\n\n2. Whenever practicable, the hearing officer shall be equal in\n\ngrade or senior in grade to military counsel who are detailed to\n\nrepresent the accused or the government at the preliminary hearing.\n\nC. Report to convening authority. After a preliminary hearing\n\nunder this section, the hearing officer shall submit to the\n\nconvening authority a written report, accompanied by a recording of\n\nthe preliminary hearing as required under subsection E of this\n\nsection, that includes the following:\n\n1. For each specification, a statement of the reasoning and\n\nconclusions of the hearing officer with respect to determinations\n\nunder paragraph 2 of subsection A of this section, including a\n\nsummary of relevant witness testimony and documentary evidence\n\npresented at the hearing and any observations of the hearing officer\n\nconcerning the testimony of witnesses and the availability and\n\nadmissibility of evidence at trial;\n\n2. Recommendations for any necessary modifications to the form\n\nof the charges or specifications;\n\n3. An analysis of any additional information submitted after\n\nthe hearing by the parties or by a victim of an offense that, under\n\nsuch rules as the Adjutant General may promulgate, is relevant to\n\ndisposition under Sections 830 and 834 of this title (Articles 30\n\nand 34); and\n\n4. A statement of action taken on evidence adduced with respect\n\nto uncharged offenses, as described in subsection F of this section.\n\nD. Rights of accused.\n\n1. The accused shall be advised of the charges against the\n\naccused and of the accused's right to be represented by counsel at\n\nthe preliminary hearing under this section. The accused has the\n\nright to be represented at the preliminary hearing as provided in\n\nSection 838 of this title (Article 38) and in regulations prescribed\n\nunder that article.\n\n2. The accused may cross-examine witnesses who testify at the\n\npreliminary hearing and present additional evidence that is relevant\n\nto the issues for determination under paragraph 2 of subsection A of\n\nthis section.\n\n3. The presentation of evidence and examination, including\n\ncross-examination, of witnesses at a preliminary hearing shall be\n\nlimited to the matters relevant to determinations under paragraph 2\n\nof subsection A of this section.\n\nE. Effect of evidence of uncharged offense. If evidence\n\nadduced in a preliminary hearing conducted under subsection A of\nr paragraph 2 of subsection A of\n\nthis section.\n\n3. The presentation of evidence and examination, including\n\ncross-examination, of witnesses at a preliminary hearing shall be\n\nlimited to the matters relevant to determinations under paragraph 2\n\nof subsection A of this section.\n\nE. Effect of evidence of uncharged offense. If evidence\n\nadduced in a preliminary hearing conducted under subsection A of\n\nthis section indicates that the accused committed an uncharged\n\noffense, the hearing officer may consider the subject matter of that\n\noffense without the accused having first been charged with the\n\noffense if the accused:\n\n1. Is present at the preliminary hearing;\n\n2. Is informed of the nature of each uncharged offense\n\nconsidered; and\n\n3. Is afforded the opportunities for representation, cross-\n\nexamination, and presentation consistent with subsection D of this\n\nsection.\n\nF. Effect of violation. The requirements of this section are\n\nbinding on all persons administering the Code, but failure to follow\n\nthe requirements does not constitute jurisdictional error. A defect\n\nin a report under subsection C of this section is not a basis for\n\nrelief if the report is in substantial compliance with subsection C\n\nof this section.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"970cc9ee7e6680cff9e47a3fc38b92c75a1009ad2ad7d7bcd61676cca7ef1b93","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-831","next":"us-ok/okla.-stat.-tit.-44-44-833"},"notice":"GroundRules: Original legal text. Not legal advice."}