Oklahoma § 22-524 - Preliminary hearing on felony indictment - Time for

§ 22-524. Preliminary hearing on felony indictment - Time for

request - Witnesses - Dismissal.

Upon the return and filing of an indictment for a felony, the

defendant so charged and arrested thereon, or the state, upon filing

a request in writing, shall be entitled to have a copy of said

indictment, certified by the court clerk, filed with a district,

superior, common pleas or county judge, to be designated by the

Judge presiding over the grand jury, and the defendant shall have a

preliminary hearing thereon, before such designated judge, as a

magistrate, as though said charge had been originally filed by

verified information, with such magistrate, and under the law

applying to the institution and conduct of prosecutions by

information filed by the state. Any such request must be filed

within ten (10) days after the filing of such indictment with the

court clerk, or within ten (10) days after the defendant charged

under said indictment has been arrested thereon, whichever is later.

Upon such preliminary hearing, the members of the grand jury shall

not be subpoenaed or called as a witness except upon an indictment

charging the commission of the offense of perjury before the grand

jury. The names of witnesses other than those endorsed on the

indictment may be endorsed on the indictment prior to said

preliminary hearing and such additional persons may be called as

witnesses at such preliminary hearing; provided, that this section

shall not apply to motion to quash or vacate the grand jury

proceedings or indictment upon other grounds. Provided, grand

jurors may be called as rebuttal witnesses.

Upon application of the defendant or the state, after the filing

of the copy of the indictment with the magistrate, as hereinabove

provided, the court may order the indictment filed with the court

clerk dismissed and any bond made in the case exonerated.

Laws 1961, p. 237, § 1; Laws 1968, c. 258, § 1, emerg. eff. April

29, 1968.