Title 12, Title 12 — Civil Procedure

A. For purposes of this section: 1. "Emergency services provider" means any public employer that employs persons to provide firefighting services; 2. "Emergency services personnel" means any employee of an emergency services provider who is engaged in providing firefighting servi…

A. Every person has a privilege to refuse to disclose the tenor of the person’s vote at a political election conducted by secret ballot. B. This privilege does not apply if the court finds that the vote was cast illegally. Added by Laws 1978, c. 285, § 507, eff. Oct. 1, 1978. Ame…

A person has a privilege, which may be claimed by the person, the person’s agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by the person, if the allowance of the privilege will not tend to conceal fraud or otherwise work …

Governmental privileges. A. If the law of the United States creates a governmental privilege that the courts of this state must recognize under the Constitution of the United States, the privilege may be claimed as provided by the law of the United States. B. No other governmenta…

A. The United States, state or subdivision thereof has a privilege to refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of a law to a law enforcement officer or member of a legislative co…

communications – Orders for production of records. A. As used in this section: 1. “Crime stoppers organization” means a private, nonprofit organization that is certified by the Oklahoma Crime Stoppers Association, accepts and expends donations for rewards to persons who report to…

A person upon whom this Code confers a privilege against disclosure waives the privilege if the person or the person’s predecessor voluntarily discloses or consents to disclosure of any significant part of the privileged matter. This section does not apply if the disclosure itsel…

opportunity to claim privilege. A claim of privilege is not defeated by a disclosure which was: 1. Compelled erroneously; or 2. Made without opportunity to claim the privilege. Added by Laws 1978, c. 285, § 512, eff. Oct. 1, 1978.

Instruction. A. A claim of privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom. B. In jury cases, proceedings shall be conducted, to the extent practicable, so as to fac…

Every person is competent to be a witness except as otherwise provided in this Code. Added by Laws 1978, c. 285, § 601, eff. Oct. 1, 1978.

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule is subject to the provisions of Se…

Every witness shall be required to declare before testifying that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness’s conscience and impress the witness’s mind with the duty to do so. Added by Laws 1978, c. 285, § …

An interpreter is subject to the provisions of this Code relating to qualification as an expert and the administration of an oath or affirmation to make a true and complete rendition of all communications made during the interpretive process to the best of the interpreter’s knowl…

The judge presiding at the trial shall not testify in that trial as a witness. No objection need be made in order to preserve the error. Added by Laws 1978, c. 285, § 605, eff. Oct. 1, 1978.

A. A member of the jury shall not testify as a witness before that jury in the trial of the case in which the juror is sitting. If the juror is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury. B. Upon an inquiry int…

The credibility of a witness may be attacked by any party, including the party calling the witness. Added by Laws 1978, c. 285, § 607, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 46, eff. Nov. 1, 2002.

A. The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, subject to these limitations: 1. The evidence may refer only to character for truthfulness or untruthfulness; and 2. Evidence of truthful character is admissible only af…

A. For the purpose of attacking the credibility of a witness: 1. Evidence that a witness other than an accused has been convicted of a crime shall be admitted, subject to Section 2403 of this title, if the crime was punishable by death or imprisonment in excess of one (1) year pu…

Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness’s credibility is impaired or enhanced. Added by Laws 1978, c. 285, § 610, eff. Oct. 1, 1978. Amended by Laws 2002, c. 46…

A. Subject to subsection B of this section, the court shall exercise control over the manner and order of interrogating witnesses and presenting evidence so as to: 1. Make the interrogation and presentation effective for the ascertainment of the truth; 2. Avoid needless consumpti…

An alternative method ordered by the judge or presiding officer shall permit a full and fair opportunity for examination or cross- examination of the child witness by each party. Added by Laws 2003, c. 405, § 8, eff. Nov. 1, 2003.

In applying and construing the Uniform Child Witness Testimony by Alternative Methods Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 2003, c. 405, § 9, eff. Nov. 1, 2003.

A. It is the intent of the Oklahoma Legislature in enacting this section to recognize the special circumstances and needs of a child witness during criminal court proceedings, and to protect the child witness from any unnecessary emotional discomfort or anguish. B. In any crimina…

to public - Taking testimony outside courtroom - Meeting in chambers with judge and attorneys - Presence of support person or therapeutic dog. A. It is the intent of the Legislature in enacting this section to provide the court with discretion to employ unusual court procedures t…

Sections 1 through 9 of this act shall be known and may be cited as the “Uniform Child Witness Testimony by Alternative Methods Act”. Added by Laws 2003, c. 405, § 1, eff. Nov. 1, 2003.

As used in the Uniform Child Witness Testimony by Alternative Methods Act: 1. "Alternative method" means a method by which a child witness testifies which does not include all of the following: a. having the child testify in person in an open forum, b. having the child testify in…

precluded. The Uniform Child Witness Testimony by Alternative Methods Act applies to the testimony of a child witness in a criminal or noncriminal proceeding. However, the Uniform Child Witness Testimony by Alternative Methods Act does not preclude, in a noncriminal proceeding, a…

method testimony. A. The judge or presiding officer in a criminal or noncriminal proceeding may order a hearing to determine whether to allow a child witness to testify by an alternative method. The judge or presiding officer, for good cause shown, shall order the hearing upon mo…

permitted. A. In a criminal proceeding, the judge or presiding officer may allow a child witness to testify by an alternative method only in the following situations: 1. The child may testify otherwise than in an open forum in the presence and full view of the finder of fact if t…

testify by an alternative method. If the judge or presiding officer determines that a standard under Section 5 of this act has been met, the judge or presiding officer shall determine whether to allow a child witness to testify by an alternative method and in doing so shall consi…

A. An order allowing or disallowing a child witness to testify by an alternative method shall state the findings of fact and conclusions of law that support the determination of the judge or presiding officer. B. An order allowing a child witness to testify by an alternative meth…

If a witness uses a record or object to refresh the witness’s memory either while testifying or before testifying, the court shall allow an adverse party to have the record or object produced at the hearing, to inspect it, to cross-examine the witness thereon and to introduce in …

A. In examining a witness concerning a prior statement made by the witness whether in a record or not, the statement need not be shown nor its contents disclosed to the witness at that time but on request the same shall be shown or disclosed to opposing counsel just prior to the …

A. The court may, on its own motion or at the suggestion of a party, call witnesses, provided that all parties shall have the right of cross-examination of those witnesses. B. The court may interrogate any witness whether called by itself or by a party. C. Objections to the calli…

At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses. The court may make the order of its own motion. This rule does not authorize exclusion of: 1. A party who is a natural person; 2. An officer or employee o…

Where there is no execution outstanding, the clerk of the court in which the judgment was rendered may receive the amount of the judgment and costs, and receipt therefor, with the same effect as if the same had been paid to the sheriff on an execution; and the clerk shall be liab…

If the witness is not testifying as an expert, the witness’s testimony in the form of opinions or inferences is limited to those opinions or inferences which are: 1. Rationally based on the perception of the witness; 2. Helpful to a clear understanding of his testimony or the det…

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or oth…

The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upo…

Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact. Added by Laws 1978, c. 285, § 704, eff. Oct. 1, 1978.

An expert may testify in terms of opinion or inference and give reasons therefor without previous disclosure of the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross- examinatio…

All writs and orders for provisional remedies, and process of every kind shall be prepared by the party or his attorney who is seeking the issuance of such writ, order, or process and shall be issued by the clerks of the several courts. R.L. 1910, § 5328. Amended by Laws 1969, c.…

A. For purposes of this Code: 1. A "statement" means: a. an oral assertion, b. an assertion in a record, or c. nonverbal conduct of a person, if it is intended by a person as an assertion; 2. A "declarant" means a person who makes a statement; and 3. "Hearsay" means a statement, …

Hearsay is not admissible except as otherwise provided by an act of the Legislature. Added by Laws 1978, c. 285, § 802, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 58, eff. Nov. 1, 2002.

immaterial. The following are not excluded by the hearsay rule, even though the declarant is available as a witness: 1. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter; 2. A state…

incapacitated persons, or vulnerable adults describing certain acts — Admissibility in criminal and juvenile proceedings. A. The following statements are admissible in juvenile deprived proceedings and pre-trial and post-trial criminal and juvenile delinquent proceedings includin…

A statement that purports to narrate, describe, report, or explain an incident or incidents of domestic abuse as defined in Section 60.1 of Title 22 of the Oklahoma Statutes: 1. Made by the victim of domestic abuse to a law enforcement officer within one (1) week of the incident;…

A. "Unavailability as a witness", as used in this section, includes the situation in which the declarant: 1. Is exempt by ruling of the court on the ground of privilege from testifying concerning the subject matter or of the declarant's statement; 2. Persists in refusing to testi…

A. In exceptional circumstances a statement not covered by Section 2803, 2804, 2805, or 2806 of this title but possessing equivalent, though not identical, circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule if the court determines that: 1. The state…

Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in this Code. Added by Laws 1978, c. 285, § 805, eff. Oct. 1, 1978.