Oklahoma § 12-667 - Continuances - Power to grant - Costs - Continuances and

§ 12-667. Continuances - Power to grant - Costs - Continuances and

appeals when member of Legislature is party or attorney.

The court may, for good cause shown, continue an action at any

stage of the proceedings upon terms as may be just; provided, that

if a party or his attorney of record is serving as a member of the

Legislature or the Senate, sitting as a court of impeachment, or

within thirty (30) days after an adjournment of a session of the

Legislature, such fact shall constitute cause for continuance of the

case, and it is mandatory that the court shall grant such

continuance upon motion whether such attorney may have been employed

before or during the session of the Legislature, and the court shall

have no power to exercise its discretion as to the granting of such

continuance, and all motions, demurrers and preliminary matters to

be heard by the court, the refusal to grant which shall constitute

error, and entitle such party to a new trial as a matter of right.

When a continuance is granted on account of the absence of evidence,

it shall be at the cost of the party making the application unless

the court otherwise order. And when any litigant has given notice

of appeal from any judgment of any court of record in this state to

the Supreme Court or Criminal Court of Appeals and the time for

doing any act to perfect such appeal has, or does hereafter lapse

during the session of the Legislature, whether regular or special,

and the said litigant is a member of the Senate or House of

Representatives, of the State of Oklahoma, in such session, or his

attorney of record is such member, such litigant or attorney shall

have such time after the adjournment of the session of the

Legislature to perform such act and complete his appeal as he had at

the commencement of the session of the Legislature, of which he or

his attorney of record was a member, and all acts done in the

perfection of such appeals shall be as valid as if done within the

time provided.

R.L. 1910, § 5044. Amended by Laws 1915, c. 236, p. 556, § 1; Laws

1919, c. 263, p. 374, § 1; Laws 1935, p. 2, § 1; Laws 1937, p. 1, §

1; Laws 1955, p. 134, § 1.