§ Rule 24 Legislative continuances

Codes > Oklahoma Statutes > Title 12 > Chapter 2-Appendix > Rule 24

Rule 24. Legislative continuances

    In all civil and criminal cases, the trial court shall grant the legislator-lawyer a continuance under following conditions:

    1. If the case is set for hearing or trial during the session of the legislature; and

    2. A written motion for continuance was filed in the case a reasonable time before its court setting and a copy of that motion was served upon opposing counsel, with notice having been given to the assigned judge; and

    3. The litigant, in whose behalf the continuance is sought, is a bona fide client of the legislator-lawyer; and

    4. The motion for continuance is made in good faith.

    5. In criminal cases, if (a) the incarcerated defendant has given his written consent to the continuance sought and (b) the legislator-lawyer was retained as counsel to try the matter on its merits and not primarily for the purpose of obtaining a continuance as a legislator.

    When a litigant already having counsel of record, thereafter retains a legislator-lawyer as co-counsel or as additional counsel in the case, who seeks a legislative continuance, the trial court may rule such motion outside the scope of these guidelines.