Okla. Stat. tit. 12, § 12-2801
This is the official text of Okla. Stat. tit. 12, § 12-2801, 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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Definitions
Official statutory text
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
Oklahoma Statutes - Title 12. Civil Procedure Page 478
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.
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
Oklahoma Statutes - Title 12. Civil Procedure Page 478
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.
Status: in_force · Read it on the official government site
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