The Rules for the Tulsa Municipal Criminal Court may be amended by a majority vote of the Municipal Criminal Court Judges of the City of Tulsa. Amendments to the Rules shall become effective immediately upon adoption by the Municipal Criminal Court Judges.

Notice of changes shall be posted at the Courthouse and on the Court's website.

There shall be the following divisions Tulsa Municipal Criminal Court:

                Division I – Citations and Criminal Information cases ending in 1, 2 or 3;

                Division II - Citations and Criminal Information cases ending in 4, 5 or 6; and

                Division III – Citations and Criminal Information cases ending in 7,8,9, or 0.

If a handwritten citation contains a different Division assignment on the face on the citation, the Division listed shall control.

The Presiding Judge, or its designee, shall be in charge of the Jury Panel and shall excuse and discharge those jurors not engaged when their services are no longer required.

Jurors shall be summoned to appear for Petit Jury terms of one day to one week duration pursuant to the annual schedule established and placed on the Official Court calendar by the Presiding Judge.

Jurors may be summoned on additional days or weeks due to exigent circumstances as determined by the Presiding Judge.

The Court shall post the official Court calendar at Court Records and copies may be requested by attorneys or the public at Court Records.

The Courtrooms shall be used only for regular Court business unless permission for other use is first obtained from the Judge whose Courtroom is requested.

Counsel shall assist the Court in maintaining order and decorum by advising their clients and witnesses in advance of proper Courtroom behavior.

Counsel's conduct in the Courtroom as a member of this Bar demonstrates counsel's respect for the administration of justice. The following is requested of counsel for proper Courtroom conduct:

1. Punctuality and brevity are virtues appreciated by Judges and Jurors.
2. Arguments shall be addressed to the Court and not to opposing counsel.
3. Stand when talking to the Court or when addressed by the Court, unless waived by the Judge.
4. When examining a witness, stand where the Court, witness and court reporter can hear you.
5. Do not approach the bench unless you obtain permission or are invited to do so.
6. Do not sit on the counsel tables.
7. Smoking, eating, drinking and reading newspapers are not permitted in the Courtroom.
8. Do not take files, pleadings or papers from the Minute Clerk's desk or exhibits from the Court Reporter unless you obtain permission to do so.
9. Pass papers and documents intended for the Court to the Minute Clerk, Bailiff or Court Reporter who will hand them up to the Court.
10. In order for the Minute Clerks to do their work, do not use the Clerk's desk, phone or office materials without permission.
11. Advise your clients of the ethical impropriety of discussing pending matters with a Judge.
12. Do not ask to be excused when your matter is completed. Please depart quietly. Do not hold conferences in the Courtroom with clients when Court is in session.

Cellular phones, pagers or other electronic devices may not be activated in the courtroom, except for calendaring of cases, the production of electronic documents, or case related research.  Nothing in this rule shall allow any audio or video recording through the use of a cellular telephone or electronic device. Under no circumstances will cellular phones or any communications devices be permitted in the jury deliberation room by jurors during their deliberations.

Attorneys, as officers of the Court, should appear in Court in attire appropriate to practitioners of this honored profession. Attire must promote the proper administration of justice and maintain the dignity of courtroom proceedings. Men shall wear coats and ties and women shall wear suitable attire for all Court appearances.

1. Effective from Memorial Day through Labor Day. Local Rule 6 “Courtroom Attire” of the Rules for the Tulsa Municipal Criminal Court is temporarily modified for the summer months. Acceptable dress includes short-sleeved collared shirts without ties, business casual slacks (no denim), socks and shoes (no sneakers). The attire should be “business casual” and applies to both men and women. Rule 6 IS NOT modified for any jury trial court appearance.

2. Unacceptable clothing for men includes casual shirts without collars, sweatshirts, T-shirts, denim of any type or color, sweat suits, shorts, jogging or warm-up suits, jeans of any color or style, athletic shoes, flip-flops, or sandals. Golf shirts with large logos or lettering are also prohibited.

Unacceptable clothing for women includes tight, sheer, and low-cut clothing of any style; sweatshirts; T-shirts; denim of any type or color; spaghetti straps; open backs; midriff; tank tops; halter tops; stretch pants; stirrup pants; jogging or warm-up suits; casual shorts; dress shorts; miniskirts; and Capri pants that end close to the knee. Unacceptable shoes for women include athletic shoes and flip-flops.

In conformity with the practice that has prevailed in the District Courts, the following rules governing the taking of photographs, the video recording, audio recording, streaming, live streaming, broadcasting and/or televising of judicial proceedings in the Tulsa Municipal Criminal Courthouse of Tulsa, are hereby promulgated:

1. Except as expressly permitted by the individual Judge, or as permitted pursuant to these rules, the use of cellular telephones, live streaming equipment, audio recorders, cameras, televisions and other recording or broadcasting equipment is prohibited:
   • Inside a courtroom; and,
   • In the immediate vicinity of a courtroom, including the chambers, jury room, adjourning hallways, and in the immediate vicinity of the court records windows, with the exception of the hallway between the public elevators and security station.
2. The use of cameras, television, audio recording and broadcasting equipment is not prohibited in other areas of the Courthouse, provided individuals and media representatives exercise diligence to ensure that such equipment and its use do not interfere with the session of any proceeding being covered or with any proceeding in a courtroom adjacent to the proceeding being covered.
3. Notwithstanding these rules, the Presiding Judge or an individual Judge may promulgate specific rules governing the use of cameras, televisions, audio recording, broadcasting and streaming equipment to remain in force and effect for any specific proceeding or event.
4. This directive does not prohibit any Judge from giving photographic or broadcasting interviews with any television or radio station or to be photographed in any manner in chambers, and any Judge may permit streaming, live streaming, broadcasting, televising, recording or photographing of investigative, ceremonial or any moot court trial use for educational or scientific purposes.
5. The only person permitted to record a proceeding by any audio device, without prior approval from the Court, is an official court reporter or Judge. 
6. If a Judge permits an exception to Rule 7.1, authorizes use under Rule 7.3 or intends to invoke Rule 7.4, notice shall be given immediately to the Court Administrator or her designee.

It should be emphasized that the representatives of the news media and all individuals are expected to conduct themselves at all times in a professional manner consistent with the spirit and intent of this directive. In order to ensure such conduct, if conduct of the news media or individual which is violative of the foregoing rules is brought to the attention of any Judge, the offending individual shall be notified immediately to cease and desist such activity. If the offending party refuses to comply with the order, then the Judge may immediately command his or her personnel to take affirmative action to end such activity, including the seizure of the equipment of such person. Any offender may be dealt with by contempt of Court.

The purpose of this directive is to protect confidential and legally protected information (i.e. juvenile records, records being expunged, federally protected information, etc.) and to ensure that courtroom proceedings are conducted at all times with dignity and in a manner calculated to avoid the disruption of order and decorum which the judicial process demands. Any person who violates this rule may have their camera, audio recording device or cellular telephone confiscated, and they may be subject to imprisonment for contempt.

In the event the City of Tulsa either closes or does not open the Courthouse due to inclement weather or some emergency, all cases set for hearing shall automatically be passed approximately two (2) weeks from the initial court date.

No exhibit offered or admitted in evidence shall be removed from the courtroom or from the custody of the Court Clerk or Court Reporter, as the case may be, without permission of the Judge, and a written dated receipt shall be given by the person receiving it.

1. Foreign Language Interpreters. In all court proceedings in which any party or witness is unable to clearly understand and/or speak English he shall have his statements interpreted into English and/or have documents and statements interpreted to him by a certified foreign language interpreter. A certified foreign language interpreter shall be a person who:
   1. Makes application to the Presiding Judge on a form prepared by the Court Administrator, and adopted in an Administrative Order.
   2. Agrees in writing to comply with the Code of Professional Responsibility for Interpreters adopted by an Administrative Order.
   3. Observes two (2) court proceedings; and
   4. Either:
      1. Proves certification by either (a) any United States District Court, (b) the State Consortium for Interpreter Certification program, or (c) any State court of equivalent jurisdiction having a certification program approved by the Presiding Judge, or;
      2. Has attained a four (4) year college degree in the language for which certification is requested, or;
      3. Is determined to be proficient in the language for which certification is requested or deaf interpretation by a majority vote of the Municipal Judges, or;
      4. Is certified pursuant to procedures adopted pursuant to  Stat. tit. 20 § 1701-1710.

2. Interpreters for the Deaf and Hard of Hearing. In all court proceedings in which any party or witness is unable to clearly understand and/or speak due to deafness or hearing difficulty he shall have his statements interpreted and have statements interpreted to him by a certified sign language interpreter. A certified sign language interpreter shall be a person who:
   1. Complies with the provisions of Section A1, 2 and 3 above; and
   2. Either:
      1. Proves certification by (a) any United States District Court, (b) the Registry of Interpreters for the Deaf or the National Association for the Deaf or the National Association for the Deaf¹, or, (c) any state court of equivalent jurisdiction having a certification program approved by the Presiding Judge, or,
      2. Has attained a four (4) year college degree in deaf education which includes proficiency in sign language, or,
      3. Is determined to be proficient in the use of sign language by a majority vote of the Municipal Judges, or,
      4. Is Certified pursuant to procedures adopted pursuant to  Stat. tit. 20 § 1701-1710.

3. Authority of Municipal Criminal Court Preserved. Notwithstanding the requirement for certification set forth above, any Municipal Judge or Associate Municipal Judge may waive certification by any interpreter in any proceeding before that judge if (a) no certified interpreter is available for the proceeding and obtaining one would cause delay contrary to the interest of any party or the Court; and, (b) such interpreter has requisite skill in translating and interpreting as determined by the Judge after appropriate inquiry.

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1. In a motion a party must specifically state the grounds therefore and the relief or order sought even where the party relies on defects or deficiencies apparent on the face of the pleading, motion or other instrument.

2. Motions raising fact issues shall be verified by a person having knowledge of the facts, if possible; otherwise, a verified statement by counsel of what the proof will show will suffice until a hearing or stipulation can be provided.
   
   Every motion shall be accompanied by a concise brief or a list of authorities upon which movant relies. Unless the court directs otherwise, neither a brief nor a list of authorities shall be required with respect to any of the following motions:
   1. Motions for extensions of time, if the request is made before expiration of the time period originally prescribed, or as extended by previous orders,
   2. Motions to continue a hearing, pretrial conference or trial,
   3. Motions to amend pleadings or file supplemental pleadings,
   4. Motions for physical or mental examinations,
   5. Motions to add or substitute parties,
   6. Motions to stay proceedings to enforce judgments,
   7. Motions to shorten a prescribed time period, and
   8. Motions for scheduling conferences and other settings.

3. If the motion does not comply with the requirements of section b above, the motion may be denied without a hearing, and if a responsive pleading is required, the moving party shall serve any pertinent responsive pleading within twenty (20) days after notice of the court's action. Motions not requiring briefs shall state whether opposing parties agree or object to the request and shall be accompanied by a proposed order granting the relief requested. If there are no opposing parties, or if they cannot be reached, the movant shall so state with particularity. The proposed order shall be served together with the motion upon all parties in the matter. Objections to motions not requiring briefs shall be served and filed within fifteen (15) days after service of the motion or the motion may be deemed confessed.

4. Any party opposing a motion, except those enumerated in Section b above, shall serve, and file a brief or a list of authorities in opposition within fifteen (15) days after service of the motion, if required by law, or the motion may be deemed confessed.

5. If the grounds supporting a motion are not presented for hearing when called, the court, in its discretion, may continue the hearing or rule on the motion or the motion may be denied as having been withdrawn or abandoned. Where a party consents to the denial of his motion, the motion shall be deemed to have been withdrawn. Motions that are not contested may be disposed of by the announcement of one party without the necessity of all counsel appearing.
   
   Where a motion is denied for failure to present or is deemed to have been withdrawn or abandoned, the party asserting the motion waives the objection, and if a responsive pleading is required, the moving party shall be required to serve it within twenty (20) days after notice of the court's action.
   
   The ruling of the court on a motion shall be memorialized by an order prepared by the moving party, or as directed by the court, and shall be filed in the case.

6. Except with the permission of the court after good cause has been shown, a party cannot present any defect or deficiency at the hearing on his motion which was not specifically stated therein, but if the court permits other grounds to be presented, the motion shall be amended in writing, by interlineation if possible, to include the new grounds. Interlineations accomplished pursuant to this Rule upon electronically filed motions (when applicable) shall be memorialized on a copy of the motion which is filed separately with the clerk.

7. Motions may be decided by the court without a hearing, and where this is done, the court shall notify the parties of its ruling in writing by mail, facsimile and/or email.

8. Joint motions shall be deemed to be joint and several as to all counts in the prior pleading and as to all parties joining in the motion, and where proper grounds are presented to the court, the court must rule on the sufficiency of each claim or defense as to each party.

9. A negative pregnant or a conjunctive denial is not a ground for objecting to the sufficiency of a defense, but the issues raised shall be determined at the pretrial conference.

The judge shall initiate the voir dire examination of jurors by identifying the parties and their respective counsel. He may outline the nature of the case, the issues of fact and law to be tried, and may then put to the jurors any questions regarding their qualifications to serve as jurors in the cause on trial. The parties or their attorneys shall be allowed a reasonable opportunity to supplement such examination. Counsel shall scrupulously guard against injecting any argument in their voir dire examination and shall refrain from asking a juror how he would decide hypothetical questions involving law or facts. Counsel shall avoid repetition, shall not call jurors by their first names or indulge in other familiarities with individual jurors, and shall be fair to the court and opposing counsel.

When a question of law, fact or procedure has been presented to a judge, the same question, so far as it relates to the same case, shall not thereafter knowingly be presented to another judge sitting in the Municipal Criminal Court without apprising the subsequent judge of the former judge's ruling or, if no ruling has been made, that such question has already been presented to the first judge. Where this rule has been violated, an order that is issued by the second judge may be vacated by him at any time before the entry of a final judgment.

1. Before filing any motion to disqualify a judge, an in camera request shall first be made to the judge to disqualify or to transfer the cause to another judge. If such request is not satisfactorily resolved, not less than ten (10) days before the case is set for trial a motion to disqualify a judge or to transfer a cause to another judge may be filed and a copy delivered to the judge.

2. Any interested party who deems himself aggrieved by the refusal of a judge to grant a motion to disqualify or transfer a cause to another judge may re-present his motion to the Presiding Judge of the Municipal Criminal Court which the cause is pending or, if the disqualification of a Presiding Judge is sought, to the Judge appointed as conflict Judge within five (5) days from the date of said refusal a written request for re-hearing. A copy of the request shall be mailed or delivered to the Presiding Judge or Presiding Judge, to the adverse party and to the judge who entered the original order. If the hearing before the second judge results in an order adverse to the movant, he shall be granted not more than five (5) days to institute a proceeding in the Supreme Court or the Court of Criminal Appeals for a writ of mandamus. Neither the Supreme Court nor the Court of Criminal Appeals will entertain an original proceeding to disqualify a judge or to direct a judge to transfer a cause to another judge unless it is shown that the relief sought was previously denied by the judge to whom the matter was re-presented in accordance with this rule. An order favorable to the moving party may not be reviewed by appeal or other method.

3. An original proceeding in mandamus to disqualify a judge in a civil action or proceeding shall be brought in the Supreme Court; an original proceeding in mandamus to disqualify a judge in a criminal case or proceeding shall be brought in the Court of Criminal Appeals. If mandamus is not brought in the appellate court designated as proper by this rule, the case will be transferred to the proper court either on motion or sua sponte.  VII, § 4 Okla. Const.

1. Power of the Court. The court has the power to punish any contempt in order to protect the rights of the parties and the interests of the public by assuring that the administration of justice shall not be thwarted. The trial judge has the power to cite and if necessary punish summarily anyone who, in his presence in open court, willfully obstructs the court or judicial proceedings after an opportunity to be heard has been afforded.

2. Admonition and Warning. No sanction other than censure should be imposed by the trial judge unless (i) it is clear from the identity of the offender and the character of his acts that disruptive conduct was willfully contemptuous, or (ii) the conduct warranting the sanction was preceded by a clear warning that the conduct is impermissible and that specified sanctions may be imposed for its repetition.

3. Notice of Intent to Use Contempt Power; Postponement of Adjudication. (a) The trial judge should, as soon as practicable after he is satisfied that courtroom misconduct requires contempt proceedings, inform the alleged offender of his intention to institute such proceedings. (b) The trial judge should consider the advisability of deferring adjudication of contempt for courtroom misconduct of a defendant, an attorney or a witness until after the trial, and should defer such a proceeding unless prompt punishment is imperative.

4. Notice of Charges and Opportunity to Be Heard. Before imposing any punishment for contempt, the judge should give the offender notice of the charges and at least a summary opportunity to adduce evidence or argument relevant to guilt or punishment.

5. Referral to Another Judge. The judge before whom courtroom misconduct occurs may impose appropriate sanctions, including punishment for contempt, but should refer the matter to another judge, if his conduct was so integrated with the contempt that he contributed to it or was otherwise involved, or his objectivity can reasonably be questioned.

In all 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.

When a record is requested to be made in a hearing or trial by a party or their attorney, the requesting party shall inform the official Court Reporter for the City of Tulsa, by serving upon her a request form, attached hereto as Exhibit 1, a minimum of fourteen days (14) days prior to the evidentiary hearing or trial to allow time for securing a court reporter, except for motions in limine and evidentiary hearings conducted on the eve of trial.

If no court reporter is available, the judge before whom the matter is being heard may order the proceedings electronically recorded, which may include audio recording, virtual court reporting or audio-video recording, and the trial or hearing may proceed without the necessity of a court reporter being present.   Provided that if an official transcript is ordered then it shall be prepared by the official court reporter.

The delivery of transcripts in criminal cases where the fee for making the transcript is paid in the first instance by the City of Tulsa, if applicable, or by a defendant shall be handled as provided by 20 O.S. § 106.4a. In addition to the copies which are required to be filed by § 106.4a a party who desires a copy shall be furnished a copy by the court reporter upon payment of the costs for that copy by said party.

In any matter taken under advisement, a decision shall be rendered within sixty (60) days of the date on which the matter was taken under advisement or, if briefs are to be submitted, within sixty (60) days of the date of the filing of the final brief.

When a trial court takes a matter under advisement, the judge shall specify the date by which a decision shall be rendered. If briefs are to be submitted, the dates for filing such shall also be specified.

The Presiding Judge may extend the deadline for a decision upon sworn application for an extension of time of the trial judge setting forth with specificity the reasons therefor or by agreement of the parties.

Upon entering and filing the decision with the court clerk, in a matter taken under advisement, it shall be the duty of the judge to see that file-stamped copies of the minute order or judgment setting out such decision are served by the judge, court clerk or judge’s staff to counsel in the case and to any party appearing pro se, pursuant to state law.  The court may direct a party to serve copies of the judgment or order to the other parties. See 12 O.S. §§ 696.2, 696.3. The copies of the order or judgment mailed under this rule shall bear the notation of the date of mailing, and the clerk or party mailing shall file a certificate of mailing with the City of Tulsa Municipal Criminal Court Clerk. See 12 O.S. § 696.2.

1. Responsibility of Filer. The responsibility for following the guidelines set forth below rests solely with counsel, the parties, or any other filer. The Clerk of the Court shall not have any duty to review documents for compliance with this rule. If a filer includes personal identifier information such as Social Security numbers, Tax Identification numbers, Financial Account numbers, Driver's License numbers, dates of birth, addresses or other sensitive information, in any document filed with the courts, electronically or otherwise, the document becomes a public record as filed.

2. Applicability of the Rule. This Rule does not apply in misdemeanor cases, traffic ticket cases, or any other cases where statutory law or Rules and Forms promulgated by the Court of Criminal Appeals require the inclusion of the complete personal identifier number.

3. Personal Identifier Information. Unless otherwise ordered or as otherwise provided by law, every filer, whether filing electronically (if applicable) or otherwise, may limit the following information in all pleadings, papers, exhibits or other documents:
   1. Social Security Numbers. A social security number may include only the last four digits.
   2. Taxpayer Identification Numbers. A taxpayer identification number may include only the last four digits.
   3. Financial Account Numbers. A financial account number may include only the last four digits.
   4. Driver's License. A driver's license number may include only the last four digits.

4. Nothing in this rule shall impact the confidentiality of juvenile records or any other records the Legislature has determined are confidential.

When juror questionnaires are used at a trial, access to the questionnaires by the parties must be balanced against the juror's right to privacy and to the confidentiality of the information in the questionnaires. Copies of the questionnaires shall be made available only for use during voir dire to attorneys for the parties and to the trial court. All copies shall be destroyed at the conclusion of voir dire. The original questionnaires of all jurors shall be sealed by the Municipal Criminal Court and retained, but not made part of the public record.

A lawyer providing limited scope representation under Rule 1.2(c) of the Oklahoma Rules of Professional Conduct may draft pleadings or other documents for a pro se litigant to file with or present to the Municipal Criminal Court without the lawyer entering an appearance in the matter. A lawyer shall disclose such assistance by indicating their name, address, bar number, telephone number, other contact information and, optionally, a signature on said pleading or other document with the phrase “No appearance is entered as counsel of record.”

1. General Provisions. The Supreme Court authorized and approved the use of videoconferencing in the District Courts of Oklahoma. The Tulsa Municipal Criminal Court hereby authorizes video conferencing, in extraordinary circumstances, by agreement of both parties and the approval of the Trial Court Judge, subject to the following general provisions:

• A proceeding conducted by videoconferencing shall be conducted in the same manner as if the parties had appeared in person, and the judge presiding over the matter may exercise all powers consistent with the proceeding.
• In any proceeding conducted by videoconference, the remote location(s) shall be considered an extension of the courtroom and held before the judge who is presiding. The judge's pronouncements, instructions, and rulings shall have the same force and binding effect as if all participants had been physically present in the courtroom. The presiding judge shall consider and rule on any objections of a party or non-party witness prior to beginning the proceeding.
• An oath administered by the judge, court reporter, or other authorized person to a witness, interpreter, or a party in a proceeding conducted by videoconference shall have the same force and binding effect as if the oath had been administered to a person physically present in the courtroom.
• In any proceeding conducted by videoconference, a court reporter, who can see and hear the witness and other participants, may administer oaths, record notes, and transcribe the proceeding without being physically present in the same locale as either the judge or the remote participants.
• In any proceeding conducted by videoconference, an interpreter, who can see and hear the witness and other participants, may provide interpreter services without being physically present in the same locale as either the judge or the remote participants.
• Any system used for conducting a proceeding by videoconferencing shall conform to the following minimum requirements:
  • Participants shall be able to see, hear, and communicate with each other simultaneously;
  • Participants shall be able to see, hear, and otherwise observe any physical evidence or exhibit presented;
  • Video and sound quality shall be adequate to allow participants to observe demeanor and nonverbal communications and to clearly hear what is taking place to the same extent as if they were present in the courtroom;
  • The location from which the trial judge is presiding shall be accessible to the public to the same extent as the proceeding would be if not conducted by videoconference; and
  • When feasible, a party and the party's attorney should be allowed to communicate privately off the record by use of a private communication facility (cellphone, landline, facsimile, Skype, etc.) during the proceeding, or during a break. The court is not required to provide a private communication facility if none is available.

• Any pleading, other document, or exhibit used in a proceeding conducted by videoconferencing may be transmitted between the court's location and any remote site by electronic means, including, but not limited to, facsimile, scan, or email. Signatures on any document transmitted by electronic means shall have the same force and effect as an original signature.
• Unless otherwise ordered by the judge, any original exhibit offered and/or admitted into evidence from a remote site shall be transferred by the moving party to the court reporter within two business days of the close of the proceeding. If no court reporter was utilized during the proceeding, the judge shall instruct the moving party regarding the transmission and custody of the exhibit.
• Any stipulation/waiver of any right to be present in the courtroom shall be obtained at the commencement of the proceeding, either on the record or in writing. A written stipulation/waiver shall be filed in the case and made a part of the record.
• This Rule authorizes the use of videoconferencing in all stages of civil or criminal proceedings.
• In all other respects, a proceeding conducted using videoconferencing technology shall be conducted in the same manner as any proceeding conducted in person at one site.
• This Rule is not intended to affect the statutory authorization for the limited uses of videoconferencing technology found in the Judge Gary Dean Courtroom Technology Act,  Stat. tit. 20, §§ 3005& 3006 (2011), or the Uniform Child Witness by Alternative Methods Act, Okla. Stat. tit. 12, §§ 2611.3 through 2615 (2011).

2. For purposes of this Rule the following definitions shall apply:

• “court” shall mean any Tulsa Municipal Criminal Court,
• “judge” shall include any judge who presides over a proceeding in Municipal Criminal Court using videoconferencing technology,
• “videoconferencing” is defined as an interactive technology that sends video, voice and data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video monitors, and
• “participants” include litigants, crime victims, counsel, witnesses while on the stand, essential court staff and interpreters, but excludes other interested persons and the public at large.

3. Court's Discretion.This Rule is intended to provide a judge presiding over any matter in Municipal Criminal Court with broad discretion regarding the use of videoconferencing. The judge may consider one or more of the following criteria in determining whether to permit the use of videoconferencing technology in a particular case:

• Whether any undue surprise or prejudice would result;
• Whether the proponent of the use of videoconferencing technology has been unable, after diligent effort, to procure the physical presence of a witness;
• The convenience of the parties and the proposed witness, and the cost of producing the witness in person in relation to the importance of the offered testimony;
• Whether the procedure would allow for full and effective cross-examination, especially where such cross-examination would involve documents or other exhibits;
• The importance of the witness being personally present in the courtroom where the dignity, solemnity, and decorum of the surroundings will impress upon the witness the duty to testify truthfully;
• Whether a physical liberty or other fundamental interest is at stake in the proceeding;
• Whether the court is satisfied that it can sufficiently know and control the proceedings at the remote location so as to effectively extend the courtroom to such location;
• Whether the participation of an individual from a remote location presents such person in a diminished or distorted sense such that it negatively reflects upon such individual to persons present in the courtroom;
• Whether the use of videoconferencing diminishes or detracts from the dignity, solemnity, and formality of the proceeding such as to undermine integrity, fairness, and effectiveness;
• Whether the person proposed to appear by videoconferencing presents a significant security risk to transport and present personally in the courtroom;
• Waivers and stipulations of the parties offered and agreed upon and approved by the court, including waiver of any requirement set forth in this Rule, or stipulation to any different or modified procedure; and
• Such other factors as the court may, in each individual case, determine to be relevant.

4. Use in Civil Cases, Juvenile Cases, and Special Proceedings

• Subject to the provisions set forth in paragraphs A and C, and to the limitations of subsection (2) of this paragraph, a court may, on its own motion or at the request of any party, in any civil case, juvenile case, or special proceeding permit the use of videoconferencing technology in any pre-trial, trial, or post-trial proceeding, including administrative appeals.
• A proponent of a witness via videoconferencing technology at any hearing or trial shall file and serve on the opposing party a notice of intent to present testimony by videoconferencing technology at least thirty (30) days prior to the scheduled start of such proceeding. Any party may file an objection within ten (10) days of service of the notice of intent. The court may in its discretion shorten the time to file notice of intent and objection. If an objection is filed, the court shall determine the objection in the exercise of its discretion considering the criteria set forth in paragraphs A and C with a detailed finding on the record. In a civil matter, the proponent shall be responsible for all costs associated with the presentation of testimony, unless otherwise stipulated or ordered by the judge.

5. Use in Criminal Cases and Proceedings

• Subject to the provisions set forth in paragraphs A and C, and to the limitations in subsections (2) and (3) of this paragraph, a court may, on its own motion or at the request of any party, in any criminal case permit the use of videoconferencing technology in any pre-trial, trial or fact-finding, or post-trial proceeding.
• Except as may otherwise be provided by law, a defendant in a criminal case retains the right to be physically present in the courtroom at all critical stages of the proceeding. This Rule is not intended to limit existing rights or create new rights for a defendant.
• A proponent of a witness via videoconferencing technology at any hearing shall file and serve on the opposing party a notice of intent to present testimony by videoconference technology at least thirty (30) days prior to the scheduled start of such proceeding. Any party may file an objection within ten (10) days of service of the notice of intent. The court may in its discretion shorten the time to file a notice of intent or objection. If an objection is filed, the court shall resolve the objection in the exercise of its discretion considering the criteria set forth in paragraphs A and C with a detailed finding on the record. The judge shall determine and assess all costs associated with the proceeding.

Any attorney, pro se defendant, victim or other party using a generative AI tool in the preparation or drafting of a document filed with the Municipal Criminal Court must disclose in that filing that generative AI was used.  Additionally, the name of the specific generative AI tool that was used must be stated.  Generative AI shall include, but shall not be limited to, ChatGPT, Bing AI, or Google Bard.  All filers should note that 12 O.S. §2011 continues to apply to all filings presented to the Municipal Criminal Court.  Accordingly, the Municipal Criminal Court will continue to construe all such filings, as certified by the person signing the filed document, to be in compliance with 12 O.S. §2011(B)(2).

1. Orders of Release--Criminal Bond Index.A Preset Bond Schedule has been prepared and will be periodically reviewed under the direction of the Presiding Judge. This listing of bonds shall be for the purpose of expediting releases from the City of Tulsa Detention Center/Tulsa County Jail and as a guide for judges to follow in order to provide consistency in bond settings. It shall not, however, affect the discretion of a Judge initially to set a higher or lower bond without a hearing or to raise or lower the bond initially set in a case, provided a proper hearing is held with all parties present.

2. Failure to Appear.No person being held for failure to appear will be released from the Tulsa City Detention Center/Tulsa County Jail without approval of a Judge or posting an appearance bond. Under the authority of 22 O.S. § 1105, effective April 6, 2004, the Order of Release of any prisoner in the Tulsa City Detention Center/Tulsa County Jail may be issued by the Chief Of Police or the Court Clerk (Court Administrator) of the City of Tulsa, subject to the following conditions:

• The terms “Court Clerk” and “Chief of Police” shall include their authorized deputies.
• The Court Clerk on the verbal or written order of a Judge shall immediately execute an Order of Release and promptly deliver it to the City of Tulsa Jail Administrator/Chief of Police who shall without undue delay release the person from custody according to the terms contained in the Order of Release.
• The Chief of Police on the verbal or written order of a Judge shall immediately issue an Order of Release and promptly release the person from custody. The Chief of Police shall issue an Order of Release under the conditions set forth above and also shall take immediate action to effect the release of the person detained upon receipt of the Order of Release.
• The Order of Release shall contain the following information:
  • that it is in the Tulsa Municipal Criminal Court, State of Oklahoma;
  • the defendant's name;
  • case number(s), if any;
  • other information which may be readily available to the officer executing it; and
  • sufficient information to give the Chief of Police unmistakable knowledge and direction as to the intended disposition of each case and/or counts within a case.

When a good and sufficient bond is posted by or on behalf of a person in custody in an amount approved by a Judge, the Court Clerk or the Chief of Police is authorized and ordered to execute an Order of Release.

If there is more than one pending case against a defendant, the Arraignment Judge shall assign any subsequent cases to the Judge with the oldest pending case number. The Judge or Minute Clerk shall prepare a Minute Order memorializing the reassignment for each case reassigned in this manner.

An arraignment Judge, in their discretion and for good cause, may retain and adjudicate all pending cases.

1. If the Court determines that conflict of interest exists at the trial level between a defendant and a Public Defender, the case may be reassigned by the assigned Judge to a private attorney who represents indigents pursuant to contract or a private attorney who has agreed to accept such appointments. The assigned attorney will indicate his acceptance of the assignment by executing the judge's written order.

2. Total compensation shall not exceed one thousand dollars ($1,000) in the following cases:

3. In all cases described above, the hourly is $60 for time out of court and $80 for time in court.

4. An attorney's fee and expenses in excess of the above amounts may be compensated upon application to and approval by the Trial Judge upon good cause shown, subject to the approval of the Presiding Judge.

5. Any attorney providing services pursuant to this rule shall continue to provide representation until the trial court loses jurisdiction, unless the court allows an attorney to withdraw upon proper written application.

When the trial court loses jurisdiction, an attorney providing services pursuant to this rule shall submit a written application for compensation which an affidavit detailing the hours spent on the case and the services rendered. The application shall also state if any amount awarded by the court shall be the sole source of compensation for the services provided. If other sources of compensation are used, the other sources and amounts shall be specified in the application.

When a defendant appears without counsel, the Court shall advise the defendant concerning his/her 6th Amendment right to counsel. The Court shall then determine if the defendant wishes to waive his/her right to counsel. If the defendant does not wish to waive his/her right to counsel, the Court shall determine the defendant's indigency status, under oath, by Pauper's Affidavit and/or oral examination, pursuant to the procedures and applying the standards established by 20 O.S. § 55 and Ct.Crim.App.Rule 1.14. The ability to make bond may be considered as a factor by the Court in determining indigency but shall not be the sole determining factor. All Judges are authorized to determine the indigency status of all persons who appear before them. (Ct.Crim.App.Rule 1.14) If the defendant is indigent, the Court will appoint counsel. When a defendant does not qualify as an indigent, the Court shall pass the defendant's case(s) for a reasonably sufficient time to allow the defendant to retain counsel. Before excusing the defendant, the Court shall give clear warning that causing further delay by willfully appearing without counsel is impermissible and may be punished as contempt. Bond shall not be revoked or raised because the defendant has failed to retain counsel.

If the defendant returns without counsel, his/her indigency status has not changed, the defendant does not wish to waive his/her right to counsel, and the parties involved are at an impasse, the Court shall inform the defendant of the Court's intention to institute direct contempt proceedings. Before imposing punishment, the Court shall give the defendant notice of the contempt charge, place the defendant in custody, set bond and set a date for a show cause hearing to give the defendant a summary opportunity to adduce evidence and/or argument relevant to guilt and/or punishment. At the discretion of the Court, the defendant may be advised that if an attorney is obtained for the criminal case prior to the hearing, the contempt charge will be dismissed. If the defendant is found in contempt, he/she may be punished with up to a $500 fine and/or up to six months in the Cityof Tulsa Detention Center/Tulsa County jail. At the discretion of the Court, the defendant may be advised that the balance of the jail term and/or the imposed fine will be suspended upon retention of counsel.

No application to withdraw as counsel for a defendant will be considered unless presented to the Court at least ten (10) days before the date on which the case is set for trial.

1. Counsel or party making application for a writ to secure the presence of a prisoner at a criminal hearing must serve a copy of the application by mail on the custodian of the prisoner, the Tulsa Chief of Police, and the City of Tulsa Prosecutor. If the custodian is a warden/superintendent of a state correctional facility, a copy must also be mailed to the General Counsel of the Department of Corrections.

2. Counsel or party making application shall deliver a copy of the application to the assigned judge, have the application set on the docket and scheduled for a hearing.

3. Counsel or party making application shall notify all parties of the specific hearing date.

4. No writ shall issue without notice and a hearing unless waived by the custodian and the City Prosecutor. Counsel for the custodian may respond to the application by written motion and brief with a request for the court to rule on the application in accordance with Rule 4(h) of the Oklahoma Rules for District Courts.

5. The application shall be styled the same as the criminal case at issue.

6. The hearing will be scheduled not less than 10 working days before the date of the hearing at which the presence of the prisoner is requested, unless the prisoner is in the Tulsa City-County Jail System, in which event, the Court may shorten the time.

7. Reference 22 O.S. § 1151.

Where a criminal charge is filed against a person who is presently on a deferred or suspended sentence, the City Prosecutor’s Office will make every effort to see that an application and order to accelerate or revoke is filed against the defendant at the same time the subsequent charge is filed.

At the time an arrest warrant is prepared on the subsequent criminal charge, a bench warrant will also be prepared on the application and order to accelerate or revoke. Thus, when the defendant is apprehended and arraigned on the subsequent criminal charge, he/she may also be notified of the acceleration or revocation proceeding brought against him/her.

Before filing the application, the City Prosecutor’s Office will present it to the sentencing Judge to apprise the Judge of the allegations against the defendant and will request the Judge to issue a bench warrant for the defendant's apprehension. When a bench warrant is issued, it shall be delivered to the Chief of Police office for execution of the warrant and a copy of the application and order to accelerate or revoke shall be filed in the original case.

When apprehended on a bench warrant, the defendant should be taken to the Tulsa City Detention Center or the Tulsa County Jail and held there for appearance before the Judge issuing the warrant. After the defendant is incarcerated, the jail personnel should notify the City Prosecutor’s Office that the defendant is in custody and should state when the defendant is to be taken before the Judge issuing the warrant for the hearing.

When brought before the Judge to set the hearing, the defendant shall be served with a copy of the application and order to accelerate or revoke and shall be advised of the following:

1. That an application to accelerate judgment and sentence or revoke suspended sentence has been filed against the defendant alleging that he/she has violated the rules and conditions of his/her probation;

2. That the defendant has a right to have a hearing within twenty days;

3. That at the hearing, the defendant has a right to be confronted by the witnesses against him/her, that the defendant or defendant's attorney may cross-examine these witnesses, and that the defendant may present testimonial and/or documentary evidence in his/her own behalf; and

4. That if the defendant cannot afford the services of an attorney, one will be appointed to represent him/her.

Unless otherwise specified by the Court, expungements will be granted only according to the provisions of 22 O.S. § 991C and 11 OS § 28-123.

1. The order of probation and the Expunge Order on pleas of guilty (or nolo contendere) shall be removed from the case file and retained together with a copy of the docket sheet in a separate confidential file.

2. All reference to the defendant's plea of guilty (or nolo contendere) shall then be deleted from the docket sheet, leaving only the references to the dismissal of the case.

3. No information concerning the confidential files shall be revealed except upon a written order of a Municipal or Associate Municipal Judge.

Motions requiring evidentiary hearings must be filed three weeks in advance of trial. Any exception to this rule will be at the discretion of the trial judge.

1. The Municipal Judge assigned to the Division Docket shall call the docket according to the schedule set the Tulsa Municipal Criminal Court Rules or by Administrative Order.

2. No continuances will be granted by the Court except for good cause shown.

3. All in-custody pleas not ready for the docket when called will be passed to the next docket.

4. All cases in which the defendant enters a plea of not guilty at arraignment will be set on the daily conference docket approximately two (2) months from the day of arraignment, unless extended for good cause. At the calling of the daily conference docket, the defendant will have the following alternatives:
   1. Enter a plea of guilty or nolo contendere, subject to the approval of the Court, and be sentenced immediately;
   2. Waive right to trial and have the case set for sentencing on a date certain; or
   3. Have the case set for trial on a date certain.

5. Where a bench warrant has been issued for a defendant because of his/her nonappearance, the defendant must thereafter post bond before release, and no attorney's affidavit will be accepted, except for good cause shown at the discretion of the Court. Bench warrants issued for failure to pay costs, fees, fines, etc., may be satisfied by payment of the obligation to the Court Clerk. In that event, the bench warrant may be recalled without incarceration of the defendant or the defendant may be released from custody without the necessity of being brought personally before the Court.

6. Pursuant to 22 O.S. §§ 1113and 1(A-D), a defendant released upon personal recognizance may enter a plea of guilty or nolo contendere to the Court Clerk at any time prior to or on the date set forth for arraignment, which is reflected on the citation, on pre-set fine citations.  The fines, including court costs, imposed upon a plea of guilty or nolo contendere entered before the Court Clerk shall be in accordance with the City of Tulsa Revised Ordinances.

7. Except as provided in paragraphs D and E above, all pleas of guilty must be made orally by the defendant before the Court.