§44-840. Continuances.
ARTICLE 40. Continuances. The military judge or a summary court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. Added by Laws 2019, c. 408, § 47, eff. Oct. 1, 2019.
§44-841. Challenges.
ARTICLE 41. Challenges. A. 1. The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one […]
§44-842. Oaths.
ARTICLE 42. Oaths. A. Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the […]
§44-843. Statute of limitations.
ARTICLE 43. Statute of limitations. A. Except as otherwise provided in this section, a person charged with a military offense is not liable to be tried by court-martial if the offense was committed more than three (3) years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the […]
§44-844. Former jeopardy.
ARTICLE 44. Former jeopardy. A. No person may, without his or her consent, be tried a second time for the same offense. B. No proceeding in which an accused has been found guilty by court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has […]
§44-845. Pleas of the accused.
ARTICLE 45. Pleas of the accused. A. Irregular and similar pleas. If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he or she has entered the plea of guilty improvidently or through lack of understanding of its […]
§44-846. Opportunity to obtain witnesses and other evidence in trials by court-martial.
ARTICLE 46. Opportunity to obtain witnesses and other evidence in trials by court-martial. A. Opportunity to obtain witnesses and other evidence. In a case referred for trial by court-martial, the trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as may […]
§44-847. Refusal to appear or testify.
ARTICLE 47. Refusal to appear or testify. A. In general. 1. Any person described in paragraph 2 of this subsection who: a.willfully neglects or refuses to appear, or b.willfully refuses to qualify as a witness or to testify or to produce any evidence which that person is required to produce, shall be guilty of indirect […]
§44-832. Preliminary hearing required before referral to general court-martial.
ARTICLE 32. Preliminary hearing required before referral to general court-martial. A. In general. 1.a.Except as provided in subparagraph b of this paragraph, a preliminary hearing shall be held before referral of charges and specifications for trial by general court-martial. The preliminary hearing shall be conducted by an impartial hearing officer, detailed by the convening authority […]
§44-848. Contempt.
ARTICLE 48. Contempt. A. Authority to punish. 1. With respect to any proceeding under the Oklahoma Uniform Code of Military Justice, a judicial officer specified in paragraph 2 of this subsection may punish for contempt any person who: a.uses any menacing word, sign, or gesture in the presence of the judicial officer during the proceeding, […]