Rule 16.2 Proceedings Before the District Court

This rule explains how a person in a felony case can ask the court to protect them from prosecution under Oklahoma's "Stand Your Ground" type law (21 O.S. § 1289.25). This law can apply when someone claims they used force, including deadly force, because they were defending themselves or their property.

If you want to file this kind of motion in a felony case, you must do it at least 10 days before your preliminary hearing date. The court can hold the hearing on this motion at the same time as your preliminary hearing. When this happens, the usual time limits that normally apply to preliminary hearings under 22 O.S. § 258 do not apply. This gives the court more flexibility to handle both matters together without being rushed by those standard deadlines.

If you are facing a misdemeanor charge instead of a felony, the process is simpler. The trial judge handles your immunity motion directly, rather than dealing with the preliminary hearing rules that apply to felony cases.