Official Review Hearing Scheduling Order
Oklahoma Review Hearing Scheduling Order
Category:
State:
Oklahoma
Control #:
OK-05068
Format:
Word;
PDF
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How to fill out Oklahoma Review Hearing Scheduling Order?
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FAQ
At hearings, the court relies on written declarations and your arguments. Hearings can determine temporary, agreed, or some procedural matters. The trial is where you give evidence and arguments for the judge to use in making a final decision.
A preliminary hearing is a court hearing where witnesses testify and the Judge decides whether there is enough evidence against you to order you to have a trial.
The purpose of a preliminary hearing, is for a judge to decide if the evidence against a defendant is sufficient to proceed to Common Pleas, or trial, level, which takes place at the big courthouse (formally known as the County Courthouse). The preliminary hearing is not a determination of guilt or innocence.
When a contested matter does go to a higher court for a trial, it is usually heard before a judge and jury. In some cases you can now opt for a judge-alone trial (no jury).
Except as provided in #7 below, you must appear for the status hearing. Failure to appear for the status hearing may result in a finding of contempt, which can include fines or possible jail time.
It is impossible to predict how long a case will take to go to any court however, on average it can take up to six months for a case to go to magistrates' court and up to a year for a case to reach Crown Court.
The preliminary hearing is like a mini-trial. The prosecution will call witnesses and introduce evidence, and the defense can cross-examine witnesses.If the judge concludes there is probable cause to believe the crime was committed by the defendant, a trial will soon be scheduled.
You have a right to have a preliminary hearing within 10 court days of your initial arraignment. Even if you waive your right to have a speedy preliminary hearing within the initial 10 days, the court must still set your hearing within 60 days of your arraignment unless you waive this right as well.
Some of the rights afforded defendants during a preliminary hearing include:Defendants can successfully have their charges dismissed if they prove a prosecutor's case lack sufficient evidence to prove that a crime occurred.