Okla. Stat. tit. 12, § 12-2609
This is the official text of Okla. Stat. tit. 12, § 12-2609, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Impeachment by evidence of conviction of crime
Official statutory text
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 pursuant to the law under which the witness
was convicted, and evidence that an accused has been convicted of
such a crime shall be admitted if the court determines that the
probative value of admitting this evidence outweighs its prejudicial
effect to the accused; and
2. Evidence that any witness has been convicted of a crime
shall be admitted if it involved dishonesty or false statement,
regardless of the punishment.
Oklahoma Statutes - Title 12. Civil Procedure Page 467
B. Evidence of a conviction under this section is not
admissible if a period of more than ten (10) years has elapsed since
the date of the conviction or of the release of the witness from the
confinement imposed for that conviction, whichever is later, to the
date of the witness’s testimony, unless the court determines, in the
interests of justice, that the probative value of the conviction
supported by specific facts and circumstances substantially
outweighs its prejudicial effect. However, if the witness is a
defendant currently charged with a sexual offense involving a child,
testifying at a criminal proceeding regarding the current charge of
the defendant and has a prior conviction for a sexual offense
involving a child, the conviction of the prior sexual offense
involving a child is admissible for the purpose of impeachment of
the defendant regardless of the age of the prior conviction.
Evidence of a conviction more than ten (10) years old, as calculated
herein, is not admissible unless the proponent gives to the adverse
party sufficient advance written notice of intent to use such
evidence to provide the adverse party with a fair opportunity to
contest the use of such evidence or unless, during the ten-year
period, the witness has been convicted of a subsequent crime which
is a misdemeanor involving moral turpitude or a felony.
C. Evidence of a conviction is not admissible under this Code
if:
1. The conviction has been the subject of a pardon, annulment,
certificate of rehabilitation or other equivalent procedure based on
a finding of the rehabilitation of the person convicted, and that
person has not been convicted of a subsequent crime which was
punishable by death or imprisonment in excess of one (1) year; or
2. The conviction has been the subject of a pardon, annulment
or other equivalent procedure based on a finding of innocence.
D. Evidence of juvenile adjudications is not admissible under
this Code. The court in a criminal case may, however, allow
evidence of a juvenile adjudication of a witness other than the
accused if conviction of the offense would be admissible to attack
the credibility of an adult and the court is satisfied that
admission in evidence is necessary for a fair determination of the
issue of guilt or innocence.
E. The pendency of an appeal from the conviction does not
render evidence of that conviction inadmissible. Evidence of the
pendency of an appeal is admissible.
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 pursuant to the law under which the witness
was convicted, and evidence that an accused has been convicted of
such a crime shall be admitted if the court determines that the
probative value of admitting this evidence outweighs its prejudicial
effect to the accused; and
2. Evidence that any witness has been convicted of a crime
shall be admitted if it involved dishonesty or false statement,
regardless of the punishment.
Oklahoma Statutes - Title 12. Civil Procedure Page 467
B. Evidence of a conviction under this section is not
admissible if a period of more than ten (10) years has elapsed since
the date of the conviction or of the release of the witness from the
confinement imposed for that conviction, whichever is later, to the
date of the witness’s testimony, unless the court determines, in the
interests of justice, that the probative value of the conviction
supported by specific facts and circumstances substantially
outweighs its prejudicial effect. However, if the witness is a
defendant currently charged with a sexual offense involving a child,
testifying at a criminal proceeding regarding the current charge of
the defendant and has a prior conviction for a sexual offense
involving a child, the conviction of the prior sexual offense
involving a child is admissible for the purpose of impeachment of
the defendant regardless of the age of the prior conviction.
Evidence of a conviction more than ten (10) years old, as calculated
herein, is not admissible unless the proponent gives to the adverse
party sufficient advance written notice of intent to use such
evidence to provide the adverse party with a fair opportunity to
contest the use of such evidence or unless, during the ten-year
period, the witness has been convicted of a subsequent crime which
is a misdemeanor involving moral turpitude or a felony.
C. Evidence of a conviction is not admissible under this Code
if:
1. The conviction has been the subject of a pardon, annulment,
certificate of rehabilitation or other equivalent procedure based on
a finding of the rehabilitation of the person convicted, and that
person has not been convicted of a subsequent crime which was
punishable by death or imprisonment in excess of one (1) year; or
2. The conviction has been the subject of a pardon, annulment
or other equivalent procedure based on a finding of innocence.
D. Evidence of juvenile adjudications is not admissible under
this Code. The court in a criminal case may, however, allow
evidence of a juvenile adjudication of a witness other than the
accused if conviction of the offense would be admissible to attack
the credibility of an adult and the court is satisfied that
admission in evidence is necessary for a fair determination of the
issue of guilt or innocence.
E. The pendency of an appeal from the conviction does not
render evidence of that conviction inadmissible. Evidence of the
pendency of an appeal is admissible.
Status: in_force · Read it on the official government site
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