Oklahoma Statutes

Okla. Stat. tit. 38, § 102 (2026)

Order determining sufficiency or insufficiency of petition

✓ current as of July 2026

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- Amended petition - Appeal of order. Within four (4) days, excluding Saturdays, Sundays and holidays, following the initial filing of any petition calling for the impaneling of a grand jury, the presiding district judge shall enter an order stating whether the face of the petition contains a reasonably specific identification of areas to be inquired into and sufficient general allegations to warrant a finding that such inquiry may lead to information which, if true, would warrant a true bill of indictment or action for removal. An order determining such petition to be deficient shall quash said petition, and shall set forth clearly in writing each and every deficiency found by said judge. Petitioners shall have two (2) days to amend the petition to conform to the district judge's order. Upon the filing of said amended petition, the district judge shall enter an order within two (2) days stating whether the face of the amended petition contains the requirements set forth in this section. Any such order quashing an amended petition shall be appealable when entered. An order determining such petition or amended petition to be sufficient shall not be appealable. Laws 1989, c. 180, § 2, eff. Nov. 1, 1989.

Notes of Decisions

Cited in 3 cases, 1996–2018 · leading case: Key v. Owens, 935 P.2d 1189 (Okla. Civ. App. 1996).

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Key v. Owens, 935 P.2d 1189 (Okla. Civ. App. 1996). “” 38 O.S.1991 § 102. In this case, Petitioners seek to impanel a grand jury to investigate a specific and infamous crime.”

In re Petition to Summon Grand Jury, 423 P.3d 1044 (Kan. Ct. App. 2018). “Okla. Stat. tit. 38, § 101 . If an Oklahoma court determines that the face of the petition does not satisfy these requirements, the petitioners have two days to amend the petition.”

In re Grand Jury Wilder, 996 P.2d 951 (Okla. Civ. App. 1999). “” 38 O.S.1991 § 102. The legislature has provided a reasonable means for citizen proponents of a grand jury to cure any deficiencies and to meet their pleading burden without the assistance of counsel.”

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