{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-834","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-834","heading":"Advice to convening authority before referral for trial","body":"ARTICLE 34. Advice to convening authority before referral for\n\ntrial.\n\nA. General court-martial.\n\n1. Staff judge advocate advice required before referral.\n\nBefore referral of charges and specifications to a general court-\n\nmartial for trial, the convening authority shall submit the matter\n\nto the staff judge advocate for advice, which the staff judge\n\nadvocate shall provide to the convening authority in writing. The\n\nconvening authority may not refer a specification under a charge to\n\na general court-martial unless the staff judge advocate advises the\n\nconvening authority in writing that:\n\na. the specification alleges an offense under the\n\nOklahoma Uniform Code of Military Justice,\n\nb. there is probable cause to believe that the accused\n\ncommitted the offense charged, and\n\nc. a court-martial would have jurisdiction over the\n\naccused and the offense.\n\n2. Staff judge advocate recommendation as to disposition.\n\nTogether with the written advice provided under paragraph 1 of this\n\nsubsection, the staff judge advocate shall provide a written\n\nrecommendation to the convening authority as to the disposition that\n\nshould be made of the specification in the interest of justice and\n\ndiscipline.\n\n3. Staff judge advocate advice and recommendation to accompany\n\nreferral. When a convening authority makes a referral for trial by\n\ngeneral court-martial, the written advice of the staff judge\n\nadvocate under paragraph 1 of this subsection and the written\n\nrecommendation of the staff judge advocate under paragraph 2 of this\n\nsubsection with respect to each specification shall accompany the\n\nreferral.\n\nB. Special court-martial; convening authority consultation with\n\njudge advocate. Before referral of charges and specifications to a\n\nspecial court-martial for trial, the convening authority shall\n\nconsult a judge advocate on relevant legal issues.\n\nC. General and special courts-martial; correction of charges\n\nand specifications before referral. Before referral for trial by\n\ngeneral court-martial or special court-martial, changes may be made\n\nto charges and specifications:\n\n1. To correct errors in form; and\n\n2. When applicable, to conform to the substance of the evidence\n\ncontained in a report under subsection C of Section 832 of this\n\ntitle (Article 32, subsection C).\n\nD. Referral defined. In this section, the term \"referral\"\n\nmeans the order of a convening authority that charges and\n\nspecifications against an accused be tried by a specified court-\n\nmartial.","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":"39430fe6118e687de8ef41433bb70ddfda7a7a16f6c159ed06f9248fcfa5d4ad","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-833","next":"us-ok/okla.-stat.-tit.-44-44-835"},"notice":"GroundRules: Original legal text. Not legal advice."}