Oklahoma § 22-812.2 - Right to speedy trial – Review process

§ 22-812.2. Right to speedy trial – Review process

A. Whenever the court finds that a case should be reviewed to

determine if the right of an accused to a speedy trial is being

protected, the court shall:

1. Issue notice to the district attorney, the accused, and the

attorney for the accused that the case will be reviewed by the court

at a date and time which is not less than ten (10) days nor more

than twenty (20) days from the date of the notice. Each party shall

have the opportunity to present evidence or legal authority in

support of its position; and

Oklahoma Statutes - Title 22. Criminal Procedure

2. Take evidence from both parties regarding the

appropriateness of the cause for the delay. At the hearing, the

court shall consider whether the delay has occurred for any of the

following reasons:

a. the extent to which the delay is the result of the

application of the accused or an attorney on behalf of

the accused,

b. the extent to which the delay is the result of the

fault of the accused or the attorney for the accused,

c. the accused is incompetent to stand trial,

d. a proceeding to determine the competency of the accused

to stand trial is pending and a determination cannot be

completed within the time limitations fixed for trial,

e. there is material evidence or a material witness which

is unavailable and that reasonable efforts have been

made to procure such evidence or witness, and there are

reasonable grounds to believe that such evidence or

witness can be obtained and trial commenced within a

reasonable time,

f. the accused is charged as a codefendant or

coconspirator and the court has determined that the

codefendants or coconspirators must be tried before

separate juries taken from separate jury panels,

g. the court has other cases pending for trial that are

for persons incarcerated prior to the case in question,

and the court does not have sufficient time to commence

the trial of the case within the time limitation fixed

for trial; provided, the case shall be commenced as

soon as practicable,

h. the court, state, accused, or the attorney for the

accused is incapable of proceeding to trial due to

illness or other exigent reason and it is unreasonable

to reassign the case,

i. no court reporter is available for the trial of the

case; provided, if the delay is pursuant to this

subparagraph, a court reporter shall be assigned within

sixty (60) days of the hearing, and

j. due to other reasonable grounds the court does not have

sufficient time to commence the trial of the case

within the time limit fixed for trial; provided, the

court shall commence the trial case as soon thereafter

as practicable.

B. After hearing all the evidence and the legal arguments

properly submitted, if the court finds by a preponderance of the

evidence that none of the exceptions set out in paragraph 2 of

subsection A of this section justify additional delay and the right

of the accused to a speedy trial as provided in this section and

Oklahoma Statutes - Title 22. Criminal Procedure

Section 812.1 of this title has been violated, the court shall

dismiss the case.

C. If a preliminary hearing has been held, the case may be

refiled upon a showing of newly discovered evidence which could not

have been discovered prior to trial, unless the applicable statute

of limitations has expired.

D. If a preliminary hearing has not been held, the case may be

refiled upon good cause shown unless any applicable statute of

limitations has expired.

E. After hearing all the evidence and the legal arguments

properly submitted, if the court finds that the right of the accused

to a speedy trial has not been violated, the court shall set the

case for review within three (3) months. If the case is still

pending after the three-month period, the court shall conduct

another review. The review of pending cases shall be a continuing

responsibility of the court until final disposition of the case.

Added by Laws 1999, 1st Ex.Sess., c. 6, § 2, eff. Nov. 1, 1999.

Amended by Laws 2024, c. 336, § 2, eff. Nov. 1, 2024.