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Rule 23. Criminal Misdemeanor Division

Oklahoma Statutes AnnotatedLocal District Court RulesEffective: February 1, 2008

Oklahoma Statutes Annotated
Local District Court Rules
Rules of the Twenty-Third Judicial District [Pottawatomie and Lincoln Counties]
Effective: February 1, 2008
OK 23 District Court Rule 23
Rule 23. Criminal Misdemeanor Division
Currentness
A. Misdemeanor arraignment proceedings shall be conducted generally by a special judge/magistrate and recorded by the clerk in the form of an arraignment minute, which shall be filed in the office of the Court Clerk. The defendant shall be presented with a copy of the information and arraignment minute upon which has been endorsed the date of the disposition docket and or next appearance date as well as the deadline for application for court appointed counsel.
B. The misdemeanor disposition docket shall be set at least 15 days prior to the trial date. The defendant shall be present with his or her attorney. In the event the defendant is unable by reason of indigency to hire an attorney, and if charged with a predicate offense, the defendant shall apply for a court appointed attorney by the deadline provided at the arraignment. In cases in which a non-predicate offense is charged, a defendant who wishes to self-represent shall complete a Motion for Self-representation and be prepared to satisfy the requirements set forth in Faretta v. California, 422 S.Ct. 2525, 45 L.Ed 562, and Brown v. State, 909 P2d 783 (Okl. Cr. 1995).
C. Motions to suppress, motions to quash, demurrers, etc. shall be heard as ordered by the magistrate upon request for hearing by the moving party. If a case has been set for jury trial, all motions shall be filed and served upon the non-moving party(ies) no later than 18 days prior to the pre-trial docket. Motions will be heard on the day of the pre-trial docket.
D. At the misdemeanor disposition docket, the parties shall announce whether the case is ready for disposition or trial. If the defendant requests a non-jury trial, the State shall announce at the disposition docket its consent to waive jury or demand for jury trial.
E. If a case is set for jury trial, each party shall exchange a list of witnesses (together with a summary of testimony) and list of exhibits no later than 10 days prior to the pre-trial docket. A copy shall be provided to the court. Any objections to witnesses or exhibits shall be addressed at the pre-trial docket. Counsel shall confirm that all identified witnesses have been served with an enforceable trial subpoena. A witness not identified and/or not served by the date of pre-trial may not be allowed to testify, excluding rebuttal witnesses.
F. Attorneys shall confer prior to the pre-trial conference.
G. Withdrawal of Representation.
a. No withdrawal of counsel will be permitted or recognized unless there be filed a certificate of mailing of notice of withdrawal by the attorney upon his/her client, and service of notice upon the opposing parties or their attorney. Withdrawal will only be allowed after the court receives proof of service and mailing as above provided at least five (5) days prior to presenting the request for permission to withdraw. Notice to the defendant shall include notification of all hearing dates and court deadlines.
b. After the case has been set for a hearing on the merits, counsel will not be permitted to withdraw except upon order of the court and for good cause. Non-payment of attorney's fees shall not constitute good cause.

Credits

Adopted effective February 1, 2008.
Oklahoma 23rd District Court Rule 23, OK R 23 DIST CT Rule 23
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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