Oklahoma § 44-946 - Continuances for military service

§ 44-946. Continuances for military service

ARTICLE 146. Continuances for military service.

A. It shall be the duty of any justice, judge, judicial

referee, corporation commissioner, administrative law judge or

hearing officer presiding over any civil, criminal or administrative

proceeding in this state to continue any trial, hearing or other

action pending before the court or an administrative forum when a

party to the pending action or the primary counsel representing a

party to the pending action is not present at the time the case or

matter in question is reached on the docket or schedule by reason of

participation in:

1. Active federal service, as defined in Title 10 of the United

States Code;

2. Title 32 active duty, as defined in Section 801 of this

title (Article 1);

Oklahoma Statutes - Title 44. Militia

3. Service in other reserve components of the Armed Forces of

the United States, as defined in Title 10 of the United States Code;

or

4. State active duty, as defined in Section 801 of this title

(Article 1).

B. The trial, hearing or other pending action may proceed if

the party, without the presence of his or her primary counsel, or

the primary counsel, without the presence of the party, declares

that the case or matter in question is nevertheless ready to proceed

at the scheduled time.

C. If the primary counsel of a party to the pending action is

not present due to military service pursuant to subsection A of this

section, the party so affected shall declare under oath that he or

she cannot properly proceed with the trial, hearing or other action

pending before the court or administrative forum without the

presence of the primary counsel.

D. If a party to the pending action is not present due to

military service pursuant to subsection A of this section, his or

her legal counsel shall appear and shall state in his or her place

that the case or matter in question cannot properly proceed without

the presence of the absent party.

E. Continuances granted pursuant to this section shall remain

in effect no longer than ninety (90) calendar days. The justice,

judge, judicial referee, corporation commissioner, administrative

law judge or hearing officer may, at his or her discretion, continue

the proceeding in question in order to carry out the administration

of justice. The protections provided to service members in this

section shall be available in addition to any protections afforded

to service members under Section 208.1 of this title.

Added by Laws 2019, c. 408, § 203, eff. Oct. 1, 2019.