reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2607. Who may impeach.

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.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2608. Evidence of character and conduct of witness.

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 after the character of the witness for truthfulness has been attacked.
B. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness’s credibility, other than conviction of crime as provided in Section 2609 of this title, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness if they:
1. Concern the witness’s character for truthfulness or untruthfulness;
2. Concern the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.
C. The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused’s or the witness’s privilege against self-incrimination when examined with respect to matters which relate only to credibility.
Added by Laws 1978, c. 285, § 608, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 47, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2610. Religious beliefs or opinions.

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. 468, § 49, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2611. Mode and order of interrogation and presentation.

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 consumption of time; and
3. Protect witnesses from harassment or undue embarrassment.
B. Any party to a civil action or proceeding may compel any adverse party or person, or any agent, servant or employee of such party or person, for whose benefit such action or proceeding is instituted, prosecuted or defended, to testify as a witness, at the trial, or by deposition, in the same manner and subject to the same rules as other witnesses, provided that any such adverse party, or the adverse party’s agent, servant or employee called as a witness by the opposing party shall be deemed a hostile witness and may be cross-examined by the party calling the witness to the same extent as any opposition witness.
C. Cross-examination shall be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may permit inquiry into additional matters as if on direct examination.
D. Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness’s testimony. Leading questions should ordinarily be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, leading questions may be used on direct examination.
Added by Laws 1978, c. 285, § 611, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 50, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2611.4. Definitions.

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 the presence and full view of the finder of fact and presiding officer, and
c.
allowing all of the parties to be present, to participate, and to view and be viewed by the child;
2. "Child witness" means a child as defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes who has been or will be called to testify in a proceeding;
3. "Criminal proceeding" means a deposition, conditional examination ordered pursuant to Section 765 of Title 22 of the Oklahoma Statutes, trial or hearing before a court in a prosecution of a person charged with violating a criminal law of this state, a juvenile certified to stand trial as an adult pursuant to Section 2-2-403 of Title 10A of the Oklahoma Statutes or a youthful offender prosecuted pursuant to the Youthful Offender Act; and
4. "Noncriminal proceeding" means a deposition, trial or hearing before a court or an administrative agency of this state having judicial or quasi-judicial powers, other than a criminal proceeding.
Added by Laws 2003, c. 405, § 2, eff. Nov. 1, 2003. Amended by Laws 2004, c. 445, § 1, emerg. eff. June 4, 2004; Laws 2009, c. 234, § 112, emerg. eff. May 21, 2009; Laws 2022, c. 104, § 3, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2611.5. Testimony to which act applies – Other procedures not 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, any other procedure permitted by law for a child witness to testify in a proceeding conducted pursuant to the Oklahoma Children’s Code or the Oklahoma Juvenile Code.
Added by Laws 2003, c. 405, § 3, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2611.6. Hearing – Determination of whether to use alternative 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 motion of a party, a child witness, or an individual determined by the judge or presiding officer to have sufficient standing to act on behalf of the child.
B. A hearing to determine whether to allow a child witness to testify by an alternative method shall be conducted on the record after reasonable notice to all parties, any nonparty movant, and any other person the presiding officer specifies. The presence of the child is not required at the hearing unless ordered by the judge or presiding officer. In conducting the hearing, the judge or presiding officer shall not be bound by rules of evidence except the rules of privilege.
Added by Laws 2003, c. 405, § 4, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2611.7. Situations where alternative method testimony 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 the judge or presiding officer finds by clear and convincing evidence that the child would suffer serious emotional trauma that would substantially impair the child’s ability to communicate with the finder of fact if required to testify in the open forum; and
2. The child may testify other than face-to-face with the defendant if the judge or presiding officer finds by clear and convincing evidence that the child would suffer serious emotional trauma that would substantially impair the child’s ability to communicate with the finder of fact if required to be confronted face-to-face by the defendant.
B. In a criminal proceeding, the child may have an advocate appointed by the court to monitor the potential for emotional trauma. The advocate shall be a registered professional social worker, psychologist, or psychiatrist.
C. In a noncriminal proceeding, the judge or presiding officer may allow a child witness to testify by an alternative method if the judge or presiding officer finds by a preponderance of the evidence that allowing the child to testify by an alternative method is necessary to serve the best interests of the child or enable the child to communicate with the finder of fact. In making the finding, the judge or presiding officer shall consider:
1. The nature of the proceeding;
2. The age and maturity of the child;
3. The relationship of the child to the parties in the proceeding;
4. The nature and degree of emotional trauma that the child may suffer in testifying; and
5. Any other relevant factor.
Added by Laws 2003, c. 405, § 5, eff. Nov. 1, 2003. Amended by Laws 2008, c. 111, § 2, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2611.8. Determination of whether to allow child witness to 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 consider:
1. Alternative methods reasonably available;
2. Available means for protecting the interests of or reducing emotional trauma to the child without resort to an alternative method;
3. The nature of the case;
4. The relative rights of the parties;
5. The importance of the proposed testimony of the child;
6. The nature and degree of emotional trauma that the child may suffer if an alternative method is not used; and
7. Any other relevant factor.
Added by Laws 2003, c. 405, § 6, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2611.9. Order – Required contents.

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 method shall:
1. State the method by which the child is to testify;
2. List any individual or category of individuals allowed to be in, or required to be excluded from, the presence of the child during the testimony;
3. State any special conditions necessary to facilitate a party’s right to examine or cross-examine the child;
4. State any condition or limitation upon the participation of individuals present during the testimony of the child; and
5. State any other condition necessary for taking or presenting the testimony.
C. The alternative method ordered by the judge or presiding officer shall not be more restrictive of the rights of the parties than is necessary under the circumstance to serve the purposes of the order.
Added by Laws 2003, c. 405, § 7, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2611.11. Construction and application of act.

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.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2611.12. Support person or therapeutic dog.

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 criminal proceeding, a child witness shall have the right to be accompanied by a support person while giving testimony in the proceeding, but the support person shall not discuss the testimony of the child witness with any other witnesses or attempt to prompt or influence the testimony of the child witness.
C. The child witness shall be afforded the opportunity, if available, to have a certified therapeutic dog accompanied by the handler of the certified therapeutic dog in lieu of a support person.
D. As used in this section:
1. "Certified therapeutic dog" means a dog which has received the requisite training or certification from the American Kennel Club, Alliance of Therapy Dogs, or an equivalent organization to perform the duties associated with therapy dogs in places such as hospitals, nursing homes, and other facilities where the emotional benefits of therapy dogs are recognized. Prior to the use of a certified therapeutic dog the court shall conduct a hearing to verify:
a.
the credentials of the certified therapeutic dog,
b.
the certified therapeutic dog is appropriately insured, and
c.
a relationship has been established between the child witness and the certified therapeutic dog in anticipation of testimony;
2. "Child witness" means a child as defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes who has been or will be called to testify in a criminal proceeding; and
3. "Support person" means a parent, other relative or a next friend chosen by the witness to accompany the witness to criminal proceedings.
Added by Laws 2014, c. 81, § 1, eff. Nov. 1, 2014. Amended by Laws 2022, c. 104, § 4, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2612. Writing used to refresh memory.

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 evidence those portions which relate to the testimony of the witness. If it is claimed by an opposing party that the record or object contains matters not related to the subject matter of the testimony, the court shall examine the record or object in chambers, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a record or object is not produced, made available for inspection, or delivered pursuant to order, the court shall make any order justice requires, but in criminal cases if the prosecution elects not to comply, the order shall be an order striking the testimony or declaring a mistrial.
Added by Laws 1978, c. 285, § 612, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 52, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2613. Prior statements of witnesses.

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 cross-examination of the witness.
B. Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon. This provision does not apply to admissions of a party opponent as defined in paragraph 2 of subsection B of Section 2801 of this title.
Added by Laws 1978, c. 285, § 613, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 53, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2614. Calling and interrogation of witnesses by court.

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 calling or interrogating of witnesses by the court may be made at the time or at the next available opportunity when the jury is not present.
Added by Laws 1978, c. 285, § 614, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2615. Exclusion of witnesses.

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 of a party which is not a natural person designated as its representative by its attorney;
3. A person whose presence is shown by a party to be essential to the presentation of the party's cause;
4. A parent, other relative, or next friend of a child as defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes who is called to testify when the court deems it to be in the best interests of the child and the interests of justice; or
5. The victim of an alleged criminal offense or a representative, parent or other relative of said victim, in any criminal prosecution, upon the motion of the state to bar such exclusion, unless the court finds such exclusion to be in the interest of justice.
Added by Laws 1978, c. 285, § 615, eff. Oct. 1, 1978. Amended by Laws 1988, c. 109, § 1, eff. Nov. 1, 1988; Laws 1991, c. 62, § 5, eff. Sept. 1, 1991; Laws 1993, c. 197, § 2, eff. Sept. 1, 1993; Laws 2022, c. 104, § 5, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2701. Opinion testimony by lay witnesses.

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 determination of a fact in issue; and
3. Not based on scientific, technical or other specialized knowledge within the scope of Section 2702 of this title.
Added by Laws 1978, c. 285, § 701, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 54, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2702. Testimony by experts.

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 otherwise, if:
1. The testimony is based upon sufficient facts or data;
2. The testimony is the product of reliable principles and methods; and
3. The witness has applied the principles and methods reliably to the facts of the case.
Added by Laws 1978, c. 285, § 702, eff. Oct. 1, 1978. Amended by Laws 2013, 1st Ex.Sess., c. 15, § 2; Laws 2013, 1st Ex.Sess., c. 15, § 3.
NOTE: Laws 2009, c. 228, § 18 was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed by Laws 2013, 1st Ex.Sess., c. 15, § 1.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2703. Bases of opinion testimony by experts.

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 upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect.
Added by Laws 1978, c. 285, § 703, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 55, eff. Nov. 1, 2002; Laws 2013, 1st Ex.Sess., c. 15, § 5; Laws 2013, 1st Ex.Sess., c. 15, § 6.
NOTE: Laws 2009, c. 228, § 19 was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed by Laws 2013, 1st Ex.Sess., c. 15, § 4.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2705. Disclosure of facts or data underlying expert opinion.

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-examination.
Added by Laws 1978, c. 285, § 705, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 56, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2801. Definitions.

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, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
B. A statement is not hearsay if:
1. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:
a.
inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing or other proceeding, or in a deposition, or
b.
consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive and was made before the supposed fabrication, influence, or motive arose, or
c.
one of identification of a person made after perceiving the person; or
2. The statement is offered against a party and is:
a.
the party's own statement, in either an individual or a representative capacity, or
b.
a statement of which the party has manifested an adoption or belief in its truth, or
c.
a statement by a person authorized by the party to make a statement concerning the subject, or
d.
a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or
e.
a statement by a coconspirator of a party during the course and in furtherance of the conspiracy.
Added by Laws 1978, c. 285, § 801, eff. Oct. 1, 1978. Amended by Laws 1991, c. 62, § 6, eff. Sept. 1, 1991; Laws 2002, c. 468, § 57, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2802. Hearsay rule.

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.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2803.1. Statements of children not having attained 16 years or incapacitated persons describing acts of physical abuse or sexual contact - Admissibility in criminal and juvenile proceedings.

A. A statement made by a child who has not attained sixteen (16) years of age at the time the statement is made, a child sixteen (16) years of age or older who has a disability, or a person who is an incapacitated person as defined by Section 10-103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse against the child or incapacitated person or any act of sexual contact performed with or on the child or incapacitated person by another, is admissible in criminal and juvenile proceedings in the courts in this state if:
1. The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and totality of circumstances surrounding the taking of the statement provide sufficient indicia of reliability to render the statement inherently trustworthy. In determining such trustworthiness, the court may consider factors including but not limited to:
a.
the spontaneity and consistent repetition of the statement,
b.
the mental state of the declarant,
c.
whether the terminology used is unexpected of a child of similar age or of an incapacitated person, and
d.
whether a lack of motive to fabricate exists; and
2. The child or incapacitated person either:
a.
testifies or is available to testify at the proceedings in open court or through an alternative method pursuant to the provisions of the Uniform Child Witness Testimony by Alternative Methods Act or Section 2611.2 of this title, or
b.
is unavailable as defined in Section 2804 of this title as a witness. When the child or incapacitated person is unavailable, the statement may be admitted only if there is corroborative evidence of the act.
B. A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party an intention to offer the statement and the particulars of the statement at least ten (10) days in advance of the proceedings to provide the adverse party with an opportunity to prepare to answer the statement.
C. As used in this section, “disability” means a physical or mental impairment which substantially limits one or more of the major life activities of the child or the child is regarded as having such an impairment by a competent medical professional.
Added by Laws 1984, c. 8, § 1, emerg. eff. March 12, 1984. Amended by Laws 1986, c. 87, § 1, operative July 1, 1986; Laws 1990, c. 224, § 8, eff. Sept. 1, 1990; Laws 1992, c. 301, § 2, eff. Sept. 1, 1992; Laws 1993, c. 197, § 3, eff. Sept. 1, 1993; Laws 1998, c. 24, § 1, emerg. eff. April 1, 1998; Laws 2000, c. 340, § 22, eff. July 1, 2000; Laws 2004, c. 445, § 2, emerg. eff. June 4, 2004; Laws 2013, c. 42, § 1, eff. Nov. 1, 2013; Laws 2023, c. 216, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2804.1. Hearsay exception – Exceptional circumstances.

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 statement is offered as evidence of a fact of consequence;
2. The statement is more probative on the point for which it is offered than any other evidence that the proponent can procure through reasonable efforts; and
3. The general purposes of this Code and the interests of justice will best be served by admission of the statement into evidence.
B. The court shall state on the record the circumstances that support its determination of the admissibility of the statement offered pursuant to subsection A of this section.
C. A statement is not admissible under this exception unless its proponent gives to all parties reasonable notice in advance of trial, or during trial if the court excuses pretrial notice for good cause shown, of the substance of the statement and the identity of the declarant.
Added by Laws 2002, c. 468, § 61, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2805. Hearsay within hearsay.

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.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2806. Attacking and supporting credibility of declarant.

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 would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant’s hearsay statement, is not subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the declarant on the statement as if under cross-examination.
Added by Laws 1978, c. 285, § 806, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 62, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2901. Requirement of authentication or identification.

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 authentication or identification conforming with the requirements of this Code:
1. Testimony that a matter is what it is claimed to be;
2. Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation;
3. Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated;
4. Appearance, content, substance, internal patterns or other distinctive characteristics taken in conjunction with circumstances; 5. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker;
6. Telephone conversations by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business if:
a.
in the case of a person, circumstances, including self-identification, show the person answering to be the one called, or
b.
in the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone;
7. Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement or data compilation, in any form, is from the public office where items of this nature are kept;
8. Evidence that a document or data compilation, in any form:
a.
is in such condition as to create no suspicion concerning its authenticity,
b.
was in a place where it, if authentic, would likely be, and
c.
has been in existence twenty (20) years or more at the time it is offered;
9. Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result; or
10. Any method of authentication or identification provided by statute or by rules prescribed by the Supreme Court pursuant to statutory authority.
Added by Laws 1978, c. 285, § 901, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2903. Subscribing witness' testimony unnecessary.

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.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3001. Definitions.

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, photographing, mechanical or electronic recording, or other technique;
2. "Photographs" mean a form of a record which consists of still photographs, stored images, x-ray films, video tapes, or motion pictures;
3. An "original" of a writing, recording, or other record means the writing, recording, or other record itself or any counterpart intended to have the same effect by a person executing or issuing it. An "original", when applied to a photograph, includes the negative or any print therefrom. The term "original" includes a print out or other perceivable output of a record of data or images stored in a computer or similar device if shown to reflect the data or images accurately;
4. A "duplicate" means a counterpart in the form of a record produced by the same impression as the original, from the same matrix, by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, by chemical reproduction, or by another equivalent technique that accurately reproduce the original;
5. "Image" means a form of a record which consists of a digitized copy or image of information; and
6. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Added by Laws 1978, c. 285, § 1001, eff. Oct. 1, 1978. Amended by Laws 1992, c. 222, § 1; Laws 1995, c. 135, § 1, eff. Nov. 1, 1995; Laws 2002, c. 468, § 65, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3002. Requirement of original.

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. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3003. Admissibility of duplicates.

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 the original.
Added by Laws 1978, c. 285, § 1003, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 67, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3004. Admissibility of other evidence of contents.

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 process or procedure;
3. At a time when an original was under the control of the party against whom offered, the party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearings and the party does not produce the original at the hearing; or
4. The record is not closely related to a controlling issue.
Added by Laws 1978, c. 285, § 1004, eff. Oct. 1, 1978. Amended by Laws 1995, c. 135, § 2, eff. Nov. 1, 1995; Laws 2002, c. 468, § 68, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3005. Public records.

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 title or testified to be correct by a witness who has compared it with the original. If a copy which complies with this section cannot be obtained by the exercise of reasonable diligence, other evidence of the contents may be admitted.
Added by Laws 1978, c. 285, § 1005, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 69, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3006. Summaries.

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 parties at a reasonable time and place. The judge may order that they be produced in court.
Added by Laws 1978, c. 285, § 1006, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3007. Testimony or written admission of party.

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, § 70, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3008. Functions of judge and jury.

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. However, when an issue is raised questioning:
1. Whether the asserted record ever existed;
2. Whether another record produced at the trial is the original; or
3. Whether other evidence of contents correctly reflects the contents;
the issue is for the trier of fact to determine.
Added by Laws 1978, c. 285, § 1008, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 71, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3009. Medical bills - Identification.

Upon the trial of any civil case involving injury, disease or disability, the patient, a member of the patient’s family or any other person responsible for the care of the patient, shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills and similar bills for expenses incurred in the treatment of the patient upon a showing by the witness that such bills were received from a licensed practicing physician, hospital, ambulance service, pharmacy, drug store, or supplier of therapeutic or orthopedic devices, and that such expenses were incurred in connection with the treatment of the injury, disease or disability involved in the subject of litigation at trial. Such items of evidence need not be identified by the person who submits the bill, and it shall not be necessary for an expert witness to testify that the charges were reasonable and necessary.
Added by Laws 1979, c. 37, § 1, eff. Oct. 1, 1979. Amended by Laws 2002, c. 468, § 72, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3009.1. Personal injury suits – Medical bills - Evidence.

A. Upon the trial of any civil action arising from personal injury, the actual amounts paid for any services in the treatment of the injured party, including doctor bills, hospital bills, ambulance service bills, drug and other prescription bills, and similar bills shall be the amounts admissible at trial, not the amounts billed for such expenses incurred in the treatment of the party. If, in addition to evidence of payment, a party submits a signed statement acknowledged by the medical provider or an authorized representative or sworn testimony that the provider will accept the amount paid as full payment of the obligations, the statement or testimony shall be admitted into evidence. The statement or testimony shall be part of the record as an exhibit but need not be shown to the jury. If a medical provider has filed a lien in the case for an amount in excess of the amount paid, then the bills in excess of the amount paid, but not more than the amount of the lien, shall be admissible.
B. If no payment has been made, the Medicare reimbursement rates in effect when the personal injury occurred, not the amounts billed, shall be admissible if, in addition to evidence of nonpayment, a party submits a signed statement acknowledged by the medical provider or an authorized representative or sworn testimony that the provider will accept payment at the Medicare reimbursement rate less cost of recovery as provided in Medicare regulations as full payment of the obligation. The statement or testimony shall be admitted into evidence and shall be part of the record as an exhibit but need not be shown to the jury. If a medical provider has filed a lien in the case for an amount in excess of the Medicare rate, then the bills in excess of the amount of the Medicare rate, but not more than the amount of the lien, shall be admissible.
C. If no bills have been paid, or no statement acknowledged by the medical provider or sworn testimony as provided in subsections A and B of this section is provided to the opposing party and listed as an exhibit by the final pretrial hearing, then the amount billed shall be admissible at trial subject to the limitations regarding any lien filed in the case.
D. This section shall apply to civil actions arising from personal injury filed on or after November 1, 2015.
Added by Laws 2011, c. 198, § 1, eff. Nov. 1, 2011. Amended by Laws 2015, c. 337, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3011. Admissible evidence - Exercise of free speech or display of religious beliefs.

Evidence requested for admission as substantive evidence of assemblage in the exercise of free speech or display of religious beliefs that is not connected to the direct conduct of planning, conspiring, or committing an act of violence as prescribed by law is not admissible.
Added by Laws 2010, c. 451, § 1, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3224. Short title and scope of Code.

Sections 3224 through 3237 of this title shall be known and may be cited as the Oklahoma Discovery Code. The Oklahoma Discovery Code shall govern the procedure for discovery in all suits of a civil nature in all courts in this state.
Added by Laws 1982, c. 198, § 1. Amended by Laws 1989, c. 129, § 1, eff. Nov. 1, 1989. Renumbered from § 3201 of this title by Laws 1989, c. 129, § 14, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3225. Construction.

The Discovery Code shall be construed, administered and employed by courts and parties to secure the just, speedy and inexpensive determination of every action.
Added by Laws 1982, c. 198, § 2. Renumbered from § 3202 of this title by Laws 1989, c. 129, § 14, eff. Nov. 1, 1989. Amended by Laws 2017, c. 378, § 2, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3226.1. Abusive discovery.

A. ABUSIVE DISCOVERY. In addition to the protective orders that a court may issue pursuant to paragraph 1 of subsection C of Section 3226 of Title 12 of the Oklahoma Statutes, a protective order may be issued by the court authorizing or denying discovery in the court in which the action is pending. A protective order may also be authorized on matters relating to a deposition. The order may be issued upon a motion by a party or the person from whom discovery is sought. The motion shall be accompanied by a certification that the movant has in good faith conferred or attempted to confer, either in person or by telephone, with other affected parties in an effort to resolve the dispute without court action. Upon receipt by the court of the motion and certification, the court may enter the protective order authorizing or denying the discovery upon a finding that justice requires a party or person be protected from annoyance, harassment, embarrassment, oppression or undue delay, burden, or expense.
B. AWARD OF EXPENSES OF MOTION. If the motion is granted, the court may, after opportunity for hearing, require the party or person whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.
If the motion is denied, the court may, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.
If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.
Added by Laws 2004, c. 368, § 14, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3226A. Withdrawal of certain discovery items.

Not less than thirty (30) days nor more than sixty (60) days after the filing of a judgment, decree, or final appealable order if no appeal is taken, or within thirty (30) days after issuance of the mandate by the appellate court if appealed, the party or counsel shall withdraw, upon proper receipt to the court clerk, any previously filed discovery items which were not introduced into evidence which were not included in the record on appeal or which are not needed for decision of the case on remand, if any.
Added by Laws 1994, c. 343, § 12, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-3229. Stipulations regarding discovery procedure.

Unless the court orders otherwise, the parties may by written stipulation:
1. Provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions; and
2. Modify other procedures governing or limitations placed upon discovery, except that stipulations extending the time provided in Sections 3226, 3233, 3234 and 3236 of this title for responses to discovery may, if they would interfere with any time set for completion of discovery, be made only with the approval of the court. A person designated by the stipulation has the power by virtue of his designation to administer any necessary oath.
Added by Laws 1982, c. 198, § 6. Amended by Laws 1989, c. 129, § 5, eff. Nov. 1, 1989. Renumbered from § 3206 of this title by Laws 1989, c. 129, § 14, eff. Nov. 1, 1989. Amended by Laws 1996, c. 61, § 4, eff. Nov. 1, 1996.