Oklahoma § 22-1089.2 - Notice of intent to appeal - Application to appeal
Full text of Oklahoma Oklahoma Statutes § 22-1089.2 — Notice of intent to appeal - Application to appeal, with citation guidance and answers to common questions.
§ 22-1089.2. Notice of intent to appeal - Application to appeal
A. If in open court at the time the adverse ruling or order is
made by the magistrate, the state shall give notice of its intention
to appeal the decision. The magistrate shall then enter the notice
in the proper court docket, continue the preliminary hearing and
retain the accused on the present bond or if the person is in
custody, return the accused to custody. The state shall file with
the court clerk a written application to appeal from the adverse
ruling or order of the magistrate within five (5) days from the date
of the adverse ruling or order.
B. If not in open court at the time the adverse ruling or order
is made by the magistrate, within five (5) days from the date of the
adverse ruling or order, the state shall file with the court clerk a
written application to appeal from the adverse ruling or order of
the magistrate.
C. A copy of the application to appeal shall immediately be
presented by the state to the Presiding Judge of the Judicial
Administrative District. The Presiding Judge shall assign the
application to another district judge or associate district judge
within the same judicial administrative district, and shall order
the assigned judge to set said matter for hearing and decision
within twenty (20) days from the filing of the written application
to appeal and shall provide at least three (3) days’ notice to all
parties of the time and place of the hearing. In the absence of the
Presiding Judge of the Judicial Administrative District, the Acting
Presiding Judge shall perform the duties of the Presiding Judge as
set forth above. The identity of the Acting Presiding Judge, if not
known locally, may be obtained from the Administrative Director of
the Courts at his office in Oklahoma City.
Oklahoma Statutes - Title 22. Criminal Procedure
Added by Laws 1987, c. 162, § 2, emerg. eff. June 25, 1987.
by Laws 2002, c. 460, § 22, eff. Nov. 1, 2002.
Amended
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 22-1089.2
What does Oklahoma Statutes § 22-1089.2 cover?
Section 22-1089.2 ("Notice of intent to appeal - Application to appeal") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 22-1089.2?
A common citation format is "Oklahoma Statutes § 22-1089.2" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 22-1089.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.