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2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-471.8. Use of program as disciplinary sanction.

The drug court program may be utilized as a disciplinary sanction for a violation of a condition of parole related to substance abuse for eligible offenses, or in a case where the offender has been tried for an eligible offense in the traditional manner, given either a deferred or suspended sentence, and has violated a condition of the sentence. The judge shall not order an offender into treatment within the scope of any drug court program without prior approval from both the district attorney and the defense attorney or offender. If both the district attorney and the defense attorney or offender agree, the case may be transferred to the drug court program with the approval of the presiding drug court judge. After a case has been transferred to the drug court docket, it shall continue with the designated drug court judge until the offender is revoked or released from the program. The offenders whose cases have been transferred from a traditional criminal case docket to the drug court docket shall be required to have a drug court investigation and complete the drug court process prior to placement in any treatment program authorized by Section 471 et seq. of this title.
Added by Laws 1997, c. 359, § 9, eff. July 1, 1997. Amended by Laws 2022, c. 277, § 6.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-471.9. Successful completion of program.

A. When an offender has successfully completed the drug court program, the criminal case against the offender shall be:
1. Dismissed or the sentence deferred for a period not to exceed two (2) years if the offense was a first felony offense; or
2. If the offender has a prior felony conviction, the disposition shall be as specified in the written plea agreement.
B. The final disposition order for a drug court case shall be filed with the judge assigned to the case, and shall indicate the sentence specified in the written plea agreement. A copy of the final disposition order for the drug court case shall also be filed in the original criminal case file under the control of the court clerk which is open to the public for inspection. Original criminal case files which are under the control of the court clerk and which are subsequently assigned to the drug court program shall be marked with a pending notation until a final disposition order is entered in the drug court case. After an offender completes the program, the drug court case file shall be sealed by the judge and may be destroyed after ten (10) years. The district attorney shall have access to sealed drug court case files without a court order.
C. A record pertaining to an offense resulting in a successful completion of a drug court program shall not, without the offender's consent in writing, be used in any way which could result in the denial of any employee benefit.
D. Successful completion of a drug court program shall not prohibit any administrative agency from taking disciplinary action against any licensee or from denying a license or privilege as may be required by law.
E. When the offender has successfully completed the drug court program, the drug court judge shall have the discretion to expressly waive all or part of the court costs and fees, driver license reinstatement fees, if applicable, and fines associated with the criminal case if, in the opinion of the drug court judge, continued payment of the court costs, fees and fines by the offender would create a financial hardship for the offender, including specifically the discretion to waive any requirement that fines and costs be satisfied by a person prior to that person being eligible for a provisional driver license pursuant to Section 6-212 of Title 47 of the Oklahoma Statutes.
Added by Laws 1997, c. 359, § 10, eff. July 1, 1997. Amended by Laws 2016, c. 393, § 2, eff. Nov. 1, 2016; Laws 2022, c. 256, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-471.10. Promulgation of rules.

All participating agencies shall promulgate rules as necessary to comply with the provisions of Section 471 et seq. of this title.
Added by Laws 1997, c. 359, § 11, eff. July 1, 1997. Amended by Laws 2001, c. 33, § 21, eff. July 1, 2001; Laws 2022, c. 277, § 7.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-471.11. Deferred prosecution programs.

A. Nothing in this act shall preclude the establishment of substance abuse treatment programs in support of a deferred prosecution program authorized by Section 305.1 of Title 22 of the Oklahoma Statutes. Any such programs established after July 1, 1997, or in existence on July 1, 1997, may be known as a drug court program; provided, the program is not contrary to public interest or provision of law.
B. Any drug court program established and in existence prior to July 1, 1997, which is not limited to treatment programs in support of deferred prosecution programs shall be considered a drug court program, as defined in Section 471.1 of this title, for all purposes of the Oklahoma Drug Court Act.
Added by Laws 1997, c. 359, § 12, eff. July 1, 1997. Amended by Laws 1999, c. 348, § 5, eff. July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-492. Pleading to indictment or information.

If the defendant do not require time, as provided in the last section, or if he do, then on the next day, or at such further day as the court may have allowed him, he may, in answer to the arraignment, either move the court to set aside the indictment, or information or may demur or plead thereto.
R.L.1910, § 5779.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-493. Indictment or information set aside, when.

The indictment or information must be set aside by the court, in which the defendant is arraigned, and upon his motion in any of the following cases:
1. When it is not found, endorsed, presented or filed, as prescribed by the statutes or when the grand jury is not drawn and impaneled as provided by law, and that fact is known to the defendant at or before the time the jury is sworn to try the cause: Provided, that the defendant shall be conclusively presumed to know matters of record.
2. When the names of the witnesses examined before the grand jury are not made to appear on some part of the indictment, as provided in this chapter.
3. When a person is permitted to be present during the session of a grand jury while the vote on the finding of the indictment is being taken, or when it is shown that after the grand jury was first impaneled any member or members thereof, were discharged and their places filled by persons not regularly drawn from the jury list, as provided by law, and that they were admitted into the grand jury or took part in their deliberations, or that the grand jury was not impaneled anew as a whole body in open court.
R.L.1910, § 5780.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-494. Hearing on motion to set aside indictment or information.

To enable the defendant to make proof of the matter set up as grounds for setting aside the indictment, or information, the defendant may file his application before any court of record in the county, setting out and alleging that he is being proceeded against in a certain court, naming it, and setting out a copy of his motion and alleging, all under oath, that he is acting in good faith, and praying for an order to examine witnesses in support thereof. The court shall thereupon issue subpoenas to compel any or all witnesses desired to appear before him at the time named, and shall compel the witnesses to testify fully in regard to the matter and reduce the examination to writing, and certify to the same, and it may be used to support the motion. The mover shall pay the costs of the proceeding. He shall notify the district attorney at least two clear days before he proceeds, of the time and place of taking such testimony, and the district attorney may be present and cross-examine the witnesses and if need be the case in the district court must be adjourned for that purpose.
R.L. 1910, § 5781.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-495. Witnesses on hearing to set aside indictment or information.

All witnesses, including grand jurors, shall be bound to answer fully, and shall not be answerable for the testimony so given in any way, except for the crime of perjury committed in giving such evidence. When a grand juror has been fully examined as to his qualifications to sit, and has answered under oath that he is qualified, and has been received by the court and permitted to act, his incompetency shall not thereafter be shown as a ground of objection to any indictment returned by that grand jury.
R.L.1910, § 5782.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-499. Motion sustained - Defendant discharged, or bail exonerated, when.

If the motion be granted the court must order that the defendant, if in custody, be discharged therefrom, or if admitted to bail, that his bail be exonerated, or if he have deposited money instead of bail, that the money be refunded to him unless it direct that the case be resubmitted to the same or another grand jury.
R.L.1910, § 5786.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-500. Resubmission of case - Bail.

If the court direct that the case be resubmitted, the defendant, if already in custody, must so remain, unless he be admitted to bail; or if already admitted to bail, or money have been deposited instead thereof, the bail or money is answerable for the appearance of the defendant to answer a new indictment or information; and unless a new indictment or information is found before the next grand jury of the county is discharged, the court must, on the discharge of such grand jury, make the order prescribed in the preceding section.
R.L.1910, § 5787.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-504. Demurrer to indictment or information.

The defendant may demur to the indictment or information when it appears upon the face thereof either:
1. That the grand jury by which an indictment was found had no legal authority to inquire into the offense charged, by reason of its not being within the legal jurisdiction of the county.
2. That it does not substantially conform to the requirements of this chapter.
3. That more than one offense is charged in the indictment or information.
4. That the facts stated do not constitute a public offense.
5. That the indictment or information contains any matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.
R.L.1910, § 5791.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-504.1. Motion to quash for insufficient evidence - Proof - Setting aside of indictment or information - Double jeopardy - Denial of motion.

A. In addition to a demurrer to the indictment or information, as provided in Section 504 of Title 22 of the Oklahoma Statutes, the defendant may file a motion to quash for insufficient evidence in felony cases after preliminary hearing. The defendant must establish beyond the face of the indictment or information that there is insufficient evidence to prove any one of the necessary elements of the offense for which the defendant is charged.
B. The motion to quash for insufficient evidence must be set for hearing on a day certain at the time it is made and notice shall be provided to all parties.
C. The indictment or information must be set aside by the court, in which the defendant is formally arraigned, if judgment for the defendant on a motion to quash for insufficient evidence beyond the face of the information is granted.
D. An order to set aside an indictment or information on judgment for the defendant on a motion to quash for insufficient evidence, as provided in this section, shall not be a bar to a further prosecution for the same offense. A denial of the motion to quash is not a final order from which a defendant may appeal.
Added by Laws 1990, c. 261, § 4, emerg. eff. May 24, 1990.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-508. Demurrer sustained, effect of.

If the demurrer is sustained, the judgment is final upon the indictment or information demurred to, and is a bar to another prosecution for the same offense, unless the court, being of opinion that the objection on which the demurrer is sustained may be avoided in a new indictment or information, direct the case to be resubmitted to the same or another grand jury, or that a new information be filed.
R.L.1910, § 5795.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-509. Demurrer sustained - Defendant discharged or bail exonerated, when.

If the court do not direct the case to be further prosecuted, the defendant, if in custody, must be discharged, or if admitted to bail, his bail is exonerated, or if he have deposited money instead of bail, the money must be refunded to him.
R.L.1910, § 5796.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-511. Demurrer overruled, defendant to plead.

If the demurrer be overruled, the court must permit the defendant, at his election, to plead, which he must do forthwith, or at such time as the court may allow. If he does not plead, judgment may be pronounced against him.
R.L.1910, § 5798.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-512. Certain objections, how taken.

When the objections mentioned in Section 504 appear upon the face of the indictment or information, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the indictment or information, or that the facts stated do not constitute a public offense, may be taken after the arraignment of the defendant, or may be taken at the trial, under the plea of not guilty, and in arrest of judgment.
R.L.1910, § 5799; Laws 1968, c. 175, § 1, eff. Jan. 13, 1969.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-513. Pleas to indictment or information.

There are four kinds of pleas to an indictment or information. A plea of:
First, Guilty.
Second, Not guilty.
Third, Nolo contendere, subject to the approval of the court. The legal effect of such plea shall be the same as that of a plea of guilty, but the plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based.
Fourth, A former judgment of conviction or acquittal of the offense charged, which must be specially pleaded, either with or without the plea of not guilty.
R.L.1910, § 5800; Laws 1976, c. 20, § 1, eff. Oct. 1, 1976.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-515. Form of plea.

The plea must be entered in substantially the following form:
1. If the defendant plead guilty:
The defendant pleads that he is guilty of the offense charged in this indictment or information.
2. If he plead not guilty:
The defendant pleads that he is not guilty of the offense charged in this indictment or information.
3. If he plead a former conviction or acquittal:
The defendant pleads that he has already been convicted (or acquitted, as the case may be), of the offense charged in this indictment or information, by the judgment of the court of ....... (naming it), rendered at ........ (naming the place), on the ...... day of .........
R.L.1910, § 5802.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-520. Acquittal, what does not constitute.

If the defendant was formally acquitted on the ground of variance between the indictment or information and proof, or the indictment or information was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.
R.L.1910, § 5807.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-522. Former acquittal or conviction as bar.

When the defendant shall have been convicted or acquitted upon an indictment or information, the conviction or acquittal is a bar to another indictment or information for the offense charged in the former, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that indictment or information.
R.L.1910, § 5809.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-524. Preliminary hearing on felony indictment - Time for request - Witnesses - Dismissal.

Upon the return and filing of an indictment for a felony, the defendant so charged and arrested thereon, or the state, upon filing a request in writing, shall be entitled to have a copy of said indictment, certified by the court clerk, filed with a district, superior, common pleas or county judge, to be designated by the Judge presiding over the grand jury, and the defendant shall have a preliminary hearing thereon, before such designated judge, as a magistrate, as though said charge had been originally filed by verified information, with such magistrate, and under the law applying to the institution and conduct of prosecutions by information filed by the state. Any such request must be filed within ten (10) days after the filing of such indictment with the court clerk, or within ten (10) days after the defendant charged under said indictment has been arrested thereon, whichever is later. Upon such preliminary hearing, the members of the grand jury shall not be subpoenaed or called as a witness except upon an indictment charging the commission of the offense of perjury before the grand jury. The names of witnesses other than those endorsed on the indictment may be endorsed on the indictment prior to said preliminary hearing and such additional persons may be called as witnesses at such preliminary hearing; provided, that this section shall not apply to motion to quash or vacate the grand jury proceedings or indictment upon other grounds. Provided, grand jurors may be called as rebuttal witnesses.
Upon application of the defendant or the state, after the filing of the copy of the indictment with the magistrate, as hereinabove provided, the court may order the indictment filed with the court clerk dismissed and any bond made in the case exonerated.
Laws 1961, p. 237, § 1; Laws 1968, c. 258, § 1, emerg. eff. April 29, 1968.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-561. Change of venue - When granted - Application - Affidavits and evidence - Removal as to part of defendants.

Any criminal cause pending in the district court may, at any time before the trial is begun, on the application of the defendant be removed from the county in which it is pending to some other county in said judicial district, whenever it shall appear in the manner hereinafter provided, that the minds of the inhabitants of the county in which the cause is pending are so prejudiced against the defendant that a fair and impartial trial cannot be had therein. Such order of removal may be made on the application of the defendant by petition, setting forth the facts, verified by affidavit, if reasonable notice of the application be given to the district attorney and the truth of the allegations in such petition be supported by the affidavits of at least three credible persons, who reside in said county. The district attorney may introduce counter affidavits to show that the persons making affidavits in support of the application are not credible persons and that the change is not necessary, and may examine the witnesses in support of said application in open court in regard to the truth of said application; and if it be made to appear by the affidavits and examination of witnesses that a fair and impartial trial cannot be had in the county, a change shall be granted and the order made by the court. When there are several defendants in any indictment or criminal prosecution, and the cause of the removal thereof exists only as to one or more of them, the other defendants shall be tried and all proceedings had against them in the county, in which the case is pending, in all respects as if no order of removal had been made as to any defendant.
R.L.1910, § 5811.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-562. Change of venue - Proceedings - Costs and expenses.

A. The order of removal from the county must be entered upon the minutes and the court clerk must thereupon make out, and within ten (10) days transmit to the county to which the action is removed, a certified copy of the order of removal and the record, and shall transmit the pleadings including the undertaking for the appearance of the defendant, and of the witnesses, and the cause must be docketed and stand for trial within six (6) months from the date the cause was ordered removed.
B. If an order of removal is entered, all expenses incurred as a result of the action prior to the date of the order of removal shall be taxed as costs and shall remain payable to the court fund of the county from which the action was removed.
C. Except as otherwise provided by this section, the court fund of the county from which the action is removed shall be liable for the expense and charge of removing, delivering and keeping the prisoner, and the fees of jurors and witnesses in attendance during the trial, court reporter's fees, all fees and mileage of the sheriff, and the per diem of bailiffs during the time said cause is on trial, and such other expenses as may be lawfully incurred incident to the trial, which costs and expenses shall be approved by the Court Administrator of the Supreme Court of the State of Oklahoma and certified by the clerk of the court to which the action was transferred to the court clerk of the county from which the cause was removed and shall show the name of each person and the amount due to him.
D. On receipt of such certificate, the clerk of the court from which the action was transferred shall draw his warrants on the court fund for the total amount of costs allowed by the transferee court, payable to the order of the court fund of the transferee court subject to the order of the person entitled thereto, and forward the same to the clerk of the court where the cause was tried, who shall deposit it in the court fund.
E. If the court fund of the county from which the action was removed does not contain sufficient revenue to make payment to the transferee court, the court clerk of the payor county shall notify the Administrative Director of the courts who shall make payment of any deficiency in the amount due and owing to the transferee court from the Supreme Court Revolving Fund.
F. All fees not claimed two (2) years after having been received by the clerk of the transferee court, shall by him be returned to the clerk of the transferor court to be held in the court fund for the benefit of the owner for a period of one (1) year, and, if not claimed within that time, such fees shall become the property of the court fund of the county.
R.L. 1910, § 5817. Amended by Laws 1971, c. 155, § 1, emerg. eff. May 22, 1971; Laws 1994, c. 225, § 13, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-563. Disposition of defendant on change of venue.

If the defendant is in custody, the order must provide for the removal of the defendant, by the sheriff of the county where he is imprisoned, to the custody of the proper officer of the county to which the action is removed, and he must be removed according to the terms of such order.
R.L.1910, § 5818.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-564. Change of venue - Court may require bail.

When the court has ordered a removal of the action, it may require the accused, if the offense be then bailable, to enter into an undertaking with good and sufficient sureties to be approved by the court, in such sum as the court may direct conditioned for his appearance in the court to which the action has been removed, on the first day of the next term thereof, and to abide the order of such court; and in default of such undertaking, a warrant shall be issued to the sheriff or other proper officer commanding him safely to keep the prisoner and at the proper time to convey him to the jail of the county where he is to be tried, there to be safely kept by the jailer thereof until discharged by due course of law.
R.L.1910, § 5819.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-566. Trial on change of venue - Records and papers.

The court to which the action is removed must proceed to trial and judgment therein the same in all respects as if the action had been commenced in such court. If it is necessary to have any of the original pleadings or other papers before such court, the court from which the action is removed must at any time upon the application of the district attorney or the defendant, order such papers or pleadings to be transmitted by the clerk, a certified copy thereof being retained.
R.L.1910, § 5821.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-583. Defendant must be present, when.

If the indictment or information is for a felony, the defendant must be personally present at the trial, but if for a misdemeanor not punishable by imprisonment, the trial may be had in the absence of the defendant; if, however, his presence is necessary for the purpose of identification, the court may, upon application of the district attorney, by an order or warrant, require the personal attendance of the defendant at the trial.
R.L.1910, § 5824.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-585. Postponement for investigation of claimed alibi.

Whenever testimony to establish an alibi on behalf of the defendant shall be offered in evidence in any criminal case in any court of record of the State of Oklahoma, and notice of the intention of the defendant to claim such alibi, which notice shall include specific information as to the place at which the defendant claims to have been at the time of the alleged offense, shall not have been served upon the district attorney at or before five (5) days prior to the trial of the case, upon motion of the district attorney, the court may grant a postponement for such time as it may deem necessary to make an investigation of the facts in relation to such evidence.
Laws 1935, p. 18, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-591. Same jurors in both civil and criminal actions.

The jurors duly drawn and summoned for the trial of civil actions may also be the jurors for the trial of criminal actions. In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, jurors may be selected and summoned utilizing the automated functionality provided in the jury management system. Whenever the court utilizes the approved jury management system to randomly select and sequentially order juror names during any step in the jury selection process, the laws relating to the use of a jury wheel, and laws requiring paper ballots drawn from a jury wheel or a shaken box, shall not apply, including but not limited to those requirements set forth in Sections 301 through 363 and Sections 591 through 693 of this title.
R.L. 1910, § 5825. Amended by Laws 2015, c. 242, § 3, emerg. eff. May 4, 2015.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-594. Names of panel called, when - Attachment for absent jurors.

When the case is called for trial, and before drawing the jury, either party may require the names of all the jurors in the panel to be called, and the court in its discretion may order that an attachment issue against those who are absent; but the court may, in its discretion, wait or not for the return of the attachment.
R.L.1910, § 5828.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-599. Jurors summoned to complete jury - Treated as original panel.

The names of persons summoned to complete the jury as provided in the chapter on "Jurors", must be written on distinct pieces of paper, folded each as nearly alike as possible, and so that the name cannot be seen, and must be deposited in the box before mentioned.
R.L.1910, § 5833.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-601. Number of jurors - Oaths - Fines not exceeding Five Hundred Dollars.

The jury consists of twelve persons except that in misdemeanors it shall consist of six persons, chosen as prescribed by law, and sworn or affirmed well and truly to try and true deliverance to make between the State of Oklahoma and the defendant whom they shall have in charge, and a true verdict to give according to the evidence. Criminal cases wherein the punishment for the offense charged is by a fine only not exceeding Five Hundred Dollars ($500.00) shall be tried to the court without a jury.
R.L.1910, § 5835; Laws 1968, c. 371, § 1, eff. Jan. 13, 1969; Laws 1991, c. 15, § 3, eff. July 1, 1991.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-601a. Alternate jurors - Challenges - Oath or affirmation - Attendance upon trial.

Whenever in the opinion of the court the trial of a cause is likely to be a protracted one, the court may, immediately after the jury is impaneled and sworn, direct the calling of as many as two additional jurors to be known as "alternate juror". Such alternate jurors shall be drawn from the same source, and in the same manner, and have the same qualifications as regular jurors, and be subject to examination and challenge as such jurors, except that the state shall be allowed one peremptory challenge to each alternate juror, and all parties defendant shall together, or any one party defendant for and on behalf and by the consent of all parties defendant, be allowed one peremptory challenge to each alternate juror.
The alternate jurors shall be sworn (or affirmed) to well and truly try and true deliverance make of all issues finally submitted to them as jurors in said cause, if any such issue shall be so finally submitted to them, and shall be seated near the regular jurors with equal facilities for seeing and hearing the proceedings in the cause, shall attend at all times upon the trial of the cause in company with the regular jurors and shall obey all orders and admonitions of the court; and if the regular jurors are ordered to be kept in the custody of an officer during the trial of the cause, the alternate jurors shall also be kept with the other jurors, and, except as hereinafter provided, shall be discharged upon the final submission of the cause to the jury.
If, before the final submission of the cause to the jury, a regular juror, or two regular jurors, shall be discharged because of illness, or shall die, the court shall order one or both alternate jurors, as circumstances may require, to take their places in the jury box. After an alternate juror is in the jury box, he shall be subject to the same regulations and requirements as other regular jurors.
Laws 1941, p. 88, § 2.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-601b. Protracted deliberations - Sequestration of alternate jurors.

If, upon final submission of the cause, the court is of the opinion that the deliberations may be protracted, the court may order the alternate juror or jurors to remain sequestered physically or by admonition not to discuss the case with any person or allow any person to discuss the case with a juror. In such event said alternate or alternates shall remain apart from the jury and not take part in its deliberations, but shall await the call of the court at some place designated by the court until such time as said alternate may be needed. In the event one or two of the twelve jurors shall, during the course of deliberations, be discharged because of illness, or die, the court shall order one or both alternate jurors to take their places in the jury room and deliberations shall then continue.
In the event the cause is a bifurcated, two-stage proceeding, the "final submission of the cause" shall occur when the jury retires to deliberate upon the sentence in the punishment or second stage of the proceedings. In such a trial the alternates shall not be excused prior to commencement of deliberations in the second stage.
Added by Laws 1988, c. 109, § 25, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-602. Affirmation.

Any juror who is conscientiously scrupulous of taking the oath above described, shall be allowed to make affirmation, substituting for the words "so help you God", at the end of the oath, the following: "This you do affirm under the pains and penalties of perjury".
R.L.1910, § 5836.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-633. Causes for challenge to panel.

A. A challenge to the panel can be founded only on a material departure from the forms prescribed by law, in respect to the drawing and return of the jury, or on the intentional omission of the sheriff to summon one or more of the jurors drawn from which the defendant has suffered material prejudice.
B. In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, jurors may be selected and summoned utilizing the automated functionality provided in the jury management system. Use of an electronic jury management system shall not be grounds for a challenge to a panel based on a material departure or irregularity. Whenever the court utilizes the approved jury management system to randomly select and sequentially order juror names during any step in the jury selection process, the laws relating to the use of a jury wheel, and laws requiring paper ballots drawn from a jury wheel or a shaken box, shall not apply, including but not limited to those requirements set forth in Sections 301 through 363 and Sections 591 through 693 of this title.
R.L. 1910, § 5842. Amended by Laws 2015, c. 242, § 4, emerg. eff. May 4, 2015.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-635. Issue on the challenge - Trying sufficiency.

If the sufficiency of the facts alleged as a ground of challenge be denied, the adverse party may except to the challenge. The exception need not be in writing, but must be entered upon the minutes of the court, and thereupon the court must proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true.
R.L.1910, § 5844.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-636. Challenge and exception may be amended or withdrawn.

If, on the exception, the court deem the challenge sufficient, it may, if justice require it, permit the party excepting to withdraw his exception, and to deny the facts alleged in the challenge. If the exception be allowed, the court may in like manner, permit an amendment of the challenge.
R.L.1910, § 5845.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-639. Bias of officer, challenge for.

When the panel is formed from persons whose names are not drawn as jurors, a challenge may be taken to the panel on account of any bias of the officer who summoned them, which would be good ground of challenge to a juror. Such challenge must be made in the same form, and determined in the same manner as if made to a juror.
R.L.1910, § 5848.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-640. Procedure after decision of challenge.

If, upon an exception to the challenge, or a denial of the facts, the challenge be allowed, the court must discharge the jury, and another jury can be summoned for the same term forthwith from the body of the county or subdivision; or the judge may order a jury to be drawn and summoned in the regular manner. If it be disallowed, the court must direct the jury to be impaneled.
R.L.1910, § 5849.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-653. When challenge taken.

It must be taken when the jury is full, and as soon as one person is removed by challenge, another must be put in his place, until the challenges are exhausted or waived. The court for good cause shown may permit a juror to be challenged after he is sworn to try the cause, but not after the testimony has been partially heard.
R.L.1910, § 5852.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-655. Peremptory challenges - Number allowed.

In all criminal cases the prosecution and the defendant are each entitled to the following peremptory challenges: Provided, that if two or more defendants are tried jointly they shall join in their challenges; provided, that when two or more defendants have inconsistent defenses they shall be granted separate challenges for each defendant as hereinafter set forth.
First. In prosecutions for first degree murder, nine jurors each.
Second. In other felonies, five jurors each.
Third. In all nonfelony prosecutions, three jurors each.
R.L.1910, § 5854. Amended by Laws 1975, c. 77, § 1, eff. Oct. 1, 1975.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-658. Causes for challenge, in general.

General causes of challenges are:
1. A conviction for felony.
2. A want of any of the qualifications prescribed by law, to render a person a competent juror, including a want of knowledge of the English language as used in the courts.
3. Unsoundness of mind, or such defect in the faculties of the mind or organs of the body as renders him incapable of performing the duties of a juror.
R.L.1910, § 5857.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-659. Particular causes - Implied bias - Actual bias.

Particular causes of challenge are of two kinds:
1. For such a bias as when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this chapter as implied bias.
2. For the existence of a state of mind on the part of the juror, in reference to the case, or to either party, which satisfies the court, in the exercise of a sound discretion, that he cannot try the issue impartially, without prejudice to the substantial rights of the party challenging, and which is known in this chapter as actual bias.
R.L.1910, § 5858.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-660. Implied bias, challenge for.

A challenge for implied bias may be taken for all or any of the following cases, and for no other:
1. Consanguinity or affinity within the fourth degree, inclusive, to the person alleged to be injured by the offense charged or on whose complaint the prosecution was instituted, or to the defendant.
2. Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or in his employment on wages.
3. Being a party adverse to the defendant in a civil action, or having complained against, or been accused by him in a criminal prosecution.
4. Having served on the grand jury which found the indictment, or on a coroner's jury which inquired into the death of a person whose death is the subject of the prosecution.
5. Having served on a trial jury which has tried another person for the offense charged in the indictment or information.
6. Having been one of the jury formerly sworn to try the indictment or information and whose verdict was set aside, or which was discharged without a verdict, after the cause was submitted to it.
7. Having served as a juror in a civil action brought against the defendant for the act charged as an offense.
8. If the offense charged be punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty of, in which case he shall neither be permitted nor compelled to serve as a juror.
R.L.1910, § 5859.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-662. Cause for challenge must be stated - Form and entry of challenge - Juror not disqualified for having formed opinion, when.

In a challenge for implied bias, one or more of the causes stated in the second preceding section must be alleged. In a challenge for actual bias, the cause stated in the second subdivision of the third preceding section must be alleged; but no person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon rumor, statements in public journals, or common notoriety, provided it appears to the court, upon his declaration, under oath or otherwise, that he can and will, notwithstanding such opinion, act impartially and fairly upon the matters to be submitted to him. The challenge may be oral, but must be entered upon the minutes of the court.
R.L.1910, § 5861.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-663. Exception to the challenge.

The adverse party may except to the challenge in the same manner as to a challenge to the panel, and the same proceedings must be had thereon, except that if the exception be allowed the juror must be excluded. The adverse party may also orally deny the facts alleged as the grounds of challenge.
R.L.1910, § 5862.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-692. Order of challenges for cause.

The challenges of either party for cause need not all be taken at once, but they must be taken separately, in the following order, including in each challenge all the causes of challenge belonging to the same class:
1. To the panel.
2. To an individual juror for a general disqualification.
3. To an individual juror for implied bias.
4. To an individual juror for actual bias.
R.L.1910, § 5868.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-701. Defendant a competent witness - Comment on failure to testify - Presumption.

In the trial of all indictments, informations, complaints and other proceedings against persons charged with the commission of a crime, offense or misdemeanor before any court or committing magistrate in this state, the person charged shall at his own request, but not otherwise, be a competent witness, and his failure to make such request shall not create any presumption against him nor be mentioned on the trial; if commented upon by counsel it shall be ground for a new trial.
R.L.1910, § 5881.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-707. Defendant's subpoenas.

The clerk of the court at which an indictment is to be tried, must, at all times, upon the application of the defendant, and without charge, issue as many blank subpoenas, under the seal of the court and subscribed by him as clerk, for witnesses within the state, as may be required by the defendant.
R.L.1910, § 6013.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-708. Form of subpoena.

A subpoena, authorized by the last four sections, must be substantially in the following form:
IN THE NAME OF THE STATE OF
OKLAHOMA.
To ......... ,
Greeting: You are commanded to appear before C. D., a justice of the peace of ........ at ....... (or the grand jury of the county of ......... or the district court of ......... county, or as the case may be), on the ........ (stating day and hour), and remain in attendance on and call of said ........ from day to day and term to term until lawfully discharged, as a witness in a criminal action prosecuted by the State of Oklahoma against E. F. (or to testify as the case may be).
R.L.1910, § 6014.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-709. Continuances, witness must take notice of.

Every witness summoned in a criminal action pending in a district, superior or county court shall take notice of the postponements and continuances and when once summoned in such action shall, without further notice or summons, be in attendance upon such action, as such witness, until discharged by the court.
R.L.1910, § 6015.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-711. Service of subpoena by whom - Return.

A peace officer must serve in his county, city, town or village, as the case may be, any subpoena delivered to him for service, either on the part of the state or of the defendant, and must make a written return of the service, subscribed by him, stating the time and place of service without delay. A subpoena may, however, be served by any other person.
R.L.1910, § 6017.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-712. Service, manner of - Cost.

A. Service of subpoenas for witnesses in criminal actions in the district courts of this state shall be made in the same manner as in civil actions pursuant to Section 2004.1 of Title 12 of the Oklahoma Statutes.
B. The cost of service of subpoenas shall be borne by the parties unless otherwise ordered by the court.
R.L. 1910, § 6018. Amended by Laws 1984, c. 164, § 30, eff. Nov. 1, 1984; Laws 1985, c. 112, § 6, eff. Nov. 1, 1985; Laws 1997, c. 400, § 8, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-715. Witness residing outside county – Subpoena of court clerks.

A. No person is obliged to attend as a witness before a court or magistrate outside the county where the witness resides or is served with a subpoena, unless the judge of the court in which the offense is triable, upon an affidavit of the district attorney, or of the defendant or the defendant’s counsel, stating that he or she believes that the evidence and attendance of the witness is material and necessary, shall endorse on the subpoena an order for the attendance of the witness.
B. The court clerks of this state shall not be subject to subpoena unless the court makes a specific finding that appearance and testimony are both material and necessary because of a written objection to the introduction of certified documents made by the defendant or other party prior to trial.
R.L.1910, § 6021; Laws 1999, c. 386, § 3, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-718. Witnesses - Fees and mileage.

A witness who appears from another state to testify in this state in a criminal case or proceeding pursuant to a subpoena issued in accordance with the provisions of the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings, Section 721 et seq. of this title, shall be reimbursed as prescribed by law for travel and expenses at rates not to exceed those prescribed by law for reimbursement of state employees traveling interstate. Such witnesses shall receive the same fees as witnesses who appear from this state, pursuant to Section 81 of Title 28 of the Oklahoma Statutes. If the witness is under eighteen (18) years of age, or requires the assistance of a guardian due to age or infirmity, the travel expenses of one parent or guardian may be reimbursed also. The parent or guardian shall not be entitled to a witness fee. Upon conviction, such fees and mileage shall be taxed as costs, collected and deposited as other costs in the case.
R.L.1910, § 6024. Amended by Laws 1973, c. 138, § 1, emerg. eff. May 10, 1973; Laws 1975, c. 227, § 2, eff. Oct. 1, 1975; Laws 1983, c. 126, § 1, operative July 1, 1983; Laws 1985, c. 112, § 7, eff. Nov. 1, 1985; Laws 1993, c. 227, § 5, eff. July 1, 1993; Laws 1994, c. 229, § 1, eff. Sept. 1, 1994; Laws 2002, c. 460, § 17, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-719. Persons held as material witnesses to be informed of constitutional rights - Fees.

Whenever any person shall be taken into custody by any law enforcement officer to be held as a material witness in any criminal investigation or proceeding, he shall, if not sooner released, be taken before a judge of the district court without unnecessary delay and said judge of the district court shall immediately inform him of his constitutional rights including the reason he is being held in custody, his right to the aid of counsel in every stage of the proceedings, and of his right to be released from custody upon entering into a written undertaking in the manner provided by law. A witness who is held in custody pursuant to the provisions hereof shall be kept separately and apart from any person, or persons, being held in custody because of being accused of committing a crime. A witness who desires aid of counsel and is unable to obtain aid of counsel by reason of poverty shall be by the court provided counsel at the expense of the court fund of the county. During the time a witness is in custody he shall receive the witness fee provided by law for witnesses in criminal cases.
Laws 1970, c. 193, § 1, emerg. eff. April 13, 1970.