If the judge of a court fail to attend at the time and place appointed for holding his court, the sheriff shall have power to adjourn the court, from day to day, until the regular or assigned judge attend or a judge pro tempore be selected; but if the judge be not present in his court, nor a judge be assigned or a judge pro tempore be selected, within two (2) days after the first day of the term, then the court shall stand adjourned for the term. The sheriff shall exercise the powers and duties conferred and imposed upon him by the statutes of this state and by the common law.
§ 55.Sheriff May Adjourn Court, When
Chapter 2: General Provisions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 55 lets the sheriff adjourn court day to day when the judge fails to appear, until a regular judge, an assigned judge, or a judge pro tempore takes the bench, or until the term automatically adjourns if none arrives within two days.
Full Text of § 55
Amendment History
R.L. 1910, § 5338.
Plain-English Summary
Section 55 covers what happens when the judge doesn't show up. The sheriff can adjourn the court from day to day until the regular or assigned judge arrives or a judge pro tempore is selected. If no judge appears and none is assigned or selected as pro tempore within two days after the term's first day, the court stands adjourned for the entire term.
The section closes by confirming the sheriff exercises whatever powers and duties state statutes and the common law give him — his authority here isn't limited to what this one section spells out.
Frequently Asked Questions
Can the sheriff postpone court if the judge is absent?
Yes, the sheriff can adjourn the court from day to day until the regular or assigned judge attends or a judge pro tempore is selected.
Is there a limit to how long the sheriff can keep adjourning?
If no judge appears and none is assigned or selected as pro tempore within two days after the first day of the term, the court stands adjourned for the whole term.
What is a judge pro tempore?
The section doesn't define the term itself, but it refers to a judge selected to sit temporarily when the regular or assigned judge isn't available.
Does the sheriff have other powers beyond adjourning court?
Yes, the section confirms he exercises the powers and duties given to him by state statutes and by the common law.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: sheriff adjourn court judge absent Oklahomajudge fails to appear court termjudge pro tempore selectioncourt adjourned for the term