Title 22 — Title 22 — Criminal Procedure

protective order - Penalties. A. Except as otherwise provided by this section, any person who: 1. Has been served with an emergency temporary, ex parte or final protective order or foreign protective order and is in violation of such protective order, upon conviction, shall be gu…

All orders issued pursuant to the provisions of the Protection from Domestic Abuse Act, Section 60 et seq. of this title, shall have statewide and nationwide validity, unless specifically modified or terminated by a judge of the district courts. Added by Laws 1983, c. 290, § 6, e…

domestic abuse. A. Each peace officer of this state shall seize any weapon or instrument when such officer has probable cause to believe such weapon or instrument has been used to commit an act of domestic abuse as defined by Section 60.1 of this title, provided an arrest is made…

A. Pursuant to paragraph 7 of Section 196 of this title, a peace officer, without a warrant, shall arrest and take into custody a person if the peace officer has reasonable cause to believe that: 1. An emergency ex parte or final protective order has been issued and served upon t…

The clerk must thereupon, under the direction of the court, publicly draw out of the box so many of the ballots, one after another, as are sufficient to form the jury. R.L.1910, § 5834. R.L.1910, § 5834.

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 …

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 alter…

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…

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, § 58…

A. Subject to the availability of funds, any district or municipal court of record of this state may establish and maintain a domestic violence court program pursuant to the provisions of this section. B. For purposes of this section, "domestic violence court" means a specialized…

A challenge is an objection made to the trial jurors, and is of two kinds: 1. To the panel. 2. To an individual juror. R.L.1910, § 5838.

When several defendants are tried together they cannot sever their challenges, but must join therein. R.L.1910, § 5839.

The panel is a list of jurors returned by a sheriff, to serve at a particular court or for the trial of a particular action. R.L.1910, § 5840.

A challenge to the panel is an objection made to all the trial jurors returned, and may be taken by either party. R.L.1910, § 5841.

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 suffere…

A challenge to the panel must be taken before a jury is sworn, and must be in writing, specifying plainly and distinctly the facts constituting the ground of challenge. R.L.1910, § 5843.

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 c…

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 th…

If the challenge is denied the denial may, in like manner, be oral and must be entered upon the minutes of the court, and the court must proceed to try the questions of fact. R.L.1910, § 5846.

Upon the trial of the challenge, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of challenge. R.L.1910, § 5847.

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 determin…

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 su…

When twelve men are called as jurors, the defendant must be informed by the court or under its direction, of his right to challenge the jurors, and that he must do so before the jury is sworn to try the cause. R.L.1910, § 5850.

A challenge to an individual juror is either: First, Peremptory; or, Second, For cause. R.L.1910, § 5851.

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 no…

A peremptory challenge may be taken by either party, and may be oral. It is an objection to a juror for which no reason need be given, but upon which the court must excuse him. R.L.1910, § 5853.

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 …

A challenge for cause may be taken either by the state or the defendant. R.L.1910, § 5855.

It is an objection to a particular juror and is either: 1. General, that the juror is disqualified from serving in any case on trial; or, 2. Particular, that he is disqualified from serving in the case on trial. R.L.1910, § 5856.

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…

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, …

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…

An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted. R.L. 1910, § 5860.

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…

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 groun…

All challenges, whether to the panel or to individual jurors shall be tried by the court, without the aid of triers. R.L.1910, § 5863.

Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or disprove the challenge, and is bound to answer every question pertinent to the inquiry therein. R.L.1910, § 5864.

Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of testimony, on the trial of the challenges. R.L.1910, § 5865.

On the trial of a challenge the court must either allow or disallow the challenge and direct an entry accordingly upon the minutes. R.L.1910, § 5866.

All challenges to individual jurors must be taken, first by the defendant and then by the state alternately. R.L.1910, § 5867.

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 disqual…

If all challenges on both sides are disallowed, either party, first the state and then the defendant, may take a peremptory challenge, unless the peremptory challenges are exhausted. R.L.1910, § 5869.

The term "signature" includes a mark when the person cannot write, the name being written near it, and the mark being witnessed by a person who writes their name as a witness, except to an affidavit or deposition, or a paper executed before a judicial officer, in which case the a…

This act may be known and shall be cited as the "Use of Force for the Protection of the Unborn Act". Added by Laws 2009, c. 61, § 1, eff. Nov. 1, 2009.

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 reque…

The process by which the attendance of a witness before a court or magistrate is required, is a subpoena. R.L.1910, § 6009.

A magistrate before whom complaint is laid, or to whom a presentment of a grand jury or information is sent, may issue subpoenas, subscribed by him, for witnesses within the state, either on behalf of the state or of the defendant. R.L.1910, § 6010.

The district attorney may issue subpoena, subscribed by him, for witnesses within the state in support of the prosecution, or for such other witnesses as the grand jury may direct, to appear before the grand jury upon an investigation before them. R.L.1910, § 6011.

The district attorney may in like manner issue subpoena for witnesses within the state, in support of an indictment or information, to appear before the court at which it is to be tried. R.L.1910, § 6012.

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 requir…