Home Table of Contents

§ 830A. Certain proceedings conducted before referral

Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: April 13, 2021

Oklahoma Statutes Annotated
Title 44. Militia
Chapter 6A. Oklahoma Uniform Code of Military Justice
Part VI. Pretrial Procedure
Effective: April 13, 2021
44 Okl.St.Ann. § 830A
§ 830A. Certain proceedings conducted before referral
Currentness
ARTICLE 30A. Certain proceedings conducted before referral.
A. In general.
1. Proceedings may be conducted to review or otherwise act on the following matters before referral of charges and specifications to court-martial for trial in accordance with regulations promulgated by the Adjutant General:
a. prereferral investigative subpoenas,
b. prereferral warrants or orders for electronic communications, and
c. prereferral matters under subsection D of Section 806B of Title 44 of the Oklahoma Statutes (Article 6B, subsection D).
2. The regulations promulgated under paragraph 1 of this subsection shall:
a. include procedures for the review of such rulings that may be ordered under this section as the Adjutant General considers appropriate, and
b. provide such limitations on the relief that may be ordered under this section as the Adjutant General considers appropriate.
3. If any matter in a proceeding under this section becomes a subject at issue with respect to charges that have been referred to a general or special court-martial, the matter shall be transferred to the military trial judge detailed to the court-martial.
B. Detail of military trial judge. The Adjutant General shall promulgate regulations providing for the manner in which military trial judges are detailed to proceedings under subsection A of this section.
C. Detail or employment of military magistrate. The Adjutant General may promulgate regulations providing for the detailing or employment of military magistrates who, other than a proceeding described in subparagraph a of paragraph 1 of subsection A of this section, may preside over the proceedings provided for in subparagraphs b and c of paragraph 1 of subsection A of this section.

Credits

Laws 2021, c. 12, § 17, emerg. eff. April 13, 2021.
44 Okl. St. Ann. § 830A, OK ST T. 44 § 830A
Current with emergency effective legislation through Chapter 316 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document