Okla. Stat. tit. 12, § 12-2611.7
This is the official text of Okla. Stat. tit. 12, § 12-2611.7, 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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Situations where alternative method testimony
Official statutory text
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
Oklahoma Statutes - Title 12. Civil Procedure Page 472
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.
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
Oklahoma Statutes - Title 12. Civil Procedure Page 472
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.
Status: in_force · Read it on the official government site
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