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Rule 5.8. Continuances in Criminal Cases

Oklahoma Statutes AnnotatedLocal District Court Rules

Oklahoma Statutes Annotated
Local District Court Rules
Rules of the Eighteenth Judicial District [Mcintosh and Pittsburg Counties]
Chapter V. Criminal
Eighteenth Judicial District Court Rule 5.8
Rule 5.8. Continuances in Criminal Cases
Currentness
Continuances will only be granted in extraordinary circumstances. The following are not extraordinary circumstances: failure of client to pay counsel; counsel's failure to notify client of date of preliminary hearing; failure of State to make settlement offer; agreement of the parties.
If a continuance is requested it must be in writing and filed with the court clerk. A written request for a continuance must state:
A. The reason for the request;
B. That opposing counsel has been contacted and whether opposing counsel objects to a continuance;
C. If the State requests a continuance, that the State has advised the victim, if any, in the case of the reason for the request for continuance.
D. If the defense requests a continuance, that defense counsel has consulted with the Defendant about the request for continuance and that the Defendant does not object to a continuance, and is waiving their right to a speedy trial.
Except in extraordinary circumstances, requests for continuance filed less than 48 hours prior to the scheduled time for a preliminary hearing will not be considered. The Court is not bound by any agreement of counsel to continue a hearing. Unless there is an order of continuance entered prior to the hearing the defendant must be personally present at all hearings.

Credits

Adopted effective March 15, 2017.
Eighteenth Judicial District Court Rule 5.8, OK R 18 DIST CT Rule 5.8
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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