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Oklahoma Preliminary Hearing Discovery

After the arraignment, defense counsel can request preliminary hearing discovery from the district attorney's office. The discovery a defendant is entitled to receive prior to the Preliminary Hearing is significantly less than the discovery a defendant receives prior to trial. Technically a defendant is not entitled to any discovery prior to the preliminary hearing. However, if the state does not make the law enforcement reports avaiable for inspection at least 5 days prior to the preliminary hearing, than the magistrate can not stop the preliminary hearing once a determination has been made that probable cause exists. (See Oklahoma Statutes Title 22 Section 258 paragraph 6)

In practice every district attorney that I am aware of provides provides copies of the police reports prior to the preliminary hearing, for a price. Most district attorney's offices charge 25 cents per page and some district attorney's offices charge $5.00 for a disk contating scanned copies of the discovery. Sometimes district attorneys will provide copies of photographs and interviews to a defendant prior to the preliminary hearing, but they are not required to do so.

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