Oklahoma § 44-835 - Service of charges - Commencement of trial

§ 44-835. Service of charges - Commencement of trial

ARTICLE 35. Service of charges; commencement of trial.

Oklahoma Statutes - Title 44. Militia

A. In general. Trial counsel detailed for a court-martial

under Section 827 of this title (Article 27) shall cause to be

served upon the accused a copy of the charges and specifications

referred for trial.

B. Commencement of trial.

1. Subject to paragraph 2 of this subsection, no trial or other

proceeding of a general court-martial or a special court-martial,

including any session under subsection A of Section 839 of this

title (Article 39, subsection A) may be held over the objection of

the accused:

a.

with respect to a general court-martial, from the time

of service through the fifth day after the date of

service, or

b.

with respect to a special court-martial, from the time

of service through the third day after the date of

service.

2. An objection under paragraph 1 of this subsection may be

raised only at the first session of the trial or other proceeding

and only if the first session occurs before the end of the

applicable periods under subparagraph a or b of paragraph 1 of this

subsection. If the first session occurs before the end of the

applicable period, the military judge shall, at that session,

inquire as to whether the defense objects under this subsection.

C. Continuances. Upon a showing of good cause, the military

judge in a general or special court-martial may grant a continuance

of any hearing in which the presence of the accused is required.

Added by Laws 2019, c. 408, § 42, eff. Oct. 1, 2019.