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Rule 24.Legislative Continuances

Rules for District Courts of Oklahoma · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceRequires a trial court to grant a continuance to a legislator-lawyer when a case is set during the legislative session, a timely written motion was filed and served in good faith, and the client is bona fide, with extra conditions for criminal cases.

Full Text of Rule 24

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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.

Plain-English Summary

Rule 24 makes a continuance mandatory for a legislator-lawyer once several conditions line up: the case is set for hearing or trial during a legislative session, a written motion was filed a reasonable time before the setting and served on opposing counsel with notice to the assigned judge, the client is bona fide, and the motion is made in good faith. In criminal cases, the rule adds two more conditions — the incarcerated defendant's written consent, and confirmation that the legislator-lawyer was retained to try the case on the merits, not mainly to obtain a continuance. If a litigant who already has counsel later brings in a legislator-lawyer as additional or co-counsel to seek the continuance, the trial court may treat that motion as falling outside these guidelines altogether.

Frequently Asked Questions

I'm a state legislator and also a practicing attorney. Can I get my case continued during the legislative session?

Yes, if it's set for hearing or trial during the session, you file a timely written motion in good faith, serve it on opposing counsel, notify the judge, and represent a bona fide client — Rule 24 makes the continuance mandatory once those conditions are met.

Does it matter if my client already had other counsel before I came on as a legislator-lawyer?

It can. Rule 24 lets the trial court treat a continuance motion as outside these guidelines when a litigant who already has counsel later brings on a legislator-lawyer as co-counsel or additional counsel who then seeks the continuance.

Are there extra requirements in a criminal case?

Yes. Rule 24 requires the incarcerated defendant's written consent to the continuance, and requires that the legislator-lawyer was retained to try the case on the merits, not mainly to get a continuance as a sitting legislator.

Source & verification. Rule text is reproduced verbatim from the Rules for District Courts of Oklahoma, promulgated by the Supreme Court of Oklahoma as an appendix to Chapter 2 of Title 12 of the Oklahoma Statutes. Last verified August 3, 2026. · Official source
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