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§ 841. Challenges

Oklahoma Statutes AnnotatedTitle 44. MilitiaEffective: October 1, 2019

Oklahoma Statutes Annotated
Title 44. Militia
Chapter 6A. Oklahoma Uniform Code of Military Justice
Part VII. Trial Procedure
Effective: October 1, 2019
44 Okl.St.Ann. § 841
§ 841. Challenges
ARTICLE 41. Challenges.
A. 1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
2. If exercise of a challenge for cause reduces the court below the number of members required by Section 816 of this title (Article 16), all parties shall, notwithstanding Section 829 of this title (Article 29), either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time.
B. 1. Each accused and the trial counsel are entitled initially to one peremptory challenge of the members of the court. The military judge may not be challenged except for cause.
2. If exercise of a peremptory challenge reduces the court below the number of members required by Section 816 of this title (Article 16), the parties shall, notwithstanding Section 829 of this title (Article 29), either exercise or waive any remaining peremptory challenge (not previously waived) against the remaining members of the court before additional members are detailed to the court.
C. Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.

Credits

Laws 2019, c. 408, § 48, eff. Oct. 1, 2019.
44 Okl. St. Ann. § 841, OK ST T. 44 § 841
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.
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