Title 12 — Title 12 — Civil Procedure

12 O.S. § 276 Repealed by Laws 1963, c. 125, § 2

12 O.S. § 277 Repealed by Laws 1963, c. 125, § 2

12 O.S. § 278 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 279 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

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.…

12 O.S. § 280 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

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…

108, § 1, eff. Nov. 1, 1999.

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.

When a hearsay statement, or a statement defined in subparagraph b, c, d or e of paragraph 2 of subsection B of Section 2801 of this title, has been admitted in evidence, the credibility of the declarant may be attacked and, if attacked, may be supported by any evidence which wou…

12 O.S. § 281 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 282 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 283 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 284 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 285 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 286 Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977

12 O.S. § 287 Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977

12 O.S. § 288 Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977

12 O.S. § 289 Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977

legal process. A. It is the duty of the clerk of each of the courts to file together and carefully preserve in his office, all papers delivered to him for that purpose, except as provided in subsection B of this section, in every action or special proceeding. B. The court clerk m…

12 O.S. § 290 Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977

A. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims it to be. B. The following are illustrative examples of authenticatio…

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following: 1. A document bearing a seal purporting to be that of the United States or of any state, district, commonwealth, territory or insular possession thereof, in…

The testimony of a subscribing witness is not necessary to authenticate a record unless required by the laws of the jurisdiction governing the validity of the record. Added by Laws 1978, c. 285, § 903, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 64, eff. Nov. 1, 2002.

12 O.S. § 291 Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977

12 O.S. § 292 Repealed by Laws 1977, c. 86, § 1, eff. Oct. 1, 1977

12 O.S. § 293 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 294 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 295 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 296 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 297 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 298 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 299 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 3 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

or other identifying data. The papers in each case shall be kept in a separate file marked with the title and number of the case. If the court clerk discovers a pleading or other paper which has been filed or submitted for filing that bears an incorrect case number or other incor…

12 O.S. § 300 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

For purposes of this Code: 1. "Writings" and "recordings" means letters, words, or numbers, or their equivalent, inscribed on a tangible medium or stored in an electronic or other machine and retrievable in perceivable form by handwriting, typewriting, printing, photostating, pho…

To prove the content of a record, recording or photograph, the original record, recording or photograph is required except as otherwise provided in this Code or by other statutes. Added by Laws 1978, c. 285, § 1002, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 66, eff. Nov.…

A duplicate is admissible to the same extent as an original under this rule or as may otherwise be provided by statute unless: 1. A genuine question is raised as to the authenticity of the original; or 2. In the circumstances it would be unfair to admit the duplicate in lieu of t…

The original is not required, and a duplicate or other evidence of the contents of a record is admissible if: 1. All originals are lost or have been destroyed unless the proponent lost or destroyed them in bad faith; 2. No original can be obtained by any available judicial proces…

The contents of an official record or of a private record authorized to be recorded or filed in the public records and actually recorded or filed, if otherwise admissible, may be proved by a copy in perceivable form, certified as correct in accordance with Section 2902 of this ti…

The contents of voluminous writings, recordings or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parti…

Contents of a record may be proved by the testimony or deposition of the party against whom offered or by that party’s written admission without accounting for the nonproduction of the original. Added by Laws 1978, c. 285, § 1007, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, …

When the admissibility of other evidence of contents of a record depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Section 2104 of this title. Ho…