Okla. Stat. tit. 12, § 12-2803

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 statement relating to a startling event or condition made

while the declarant was under the stress of excitement caused by the

event or condition;

3. A statement of the declarant's then existing state of mind,

emotion, sensation or physical condition, such as intent, plan,

motive, design, mental feeling, pain and bodily health, but not

including a statement of memory or belief to prove the fact

remembered or believed unless it relates to the execution,

revocation, identification or terms of declarant's will;

4. Statements made for purposes of medical diagnosis or

treatment and describing medical history, or past or present

Oklahoma Statutes - Title 12. Civil Procedure Page 479

symptoms, pain or sensations, if reasonably pertinent to diagnosis

or treatment;

5. A record concerning a matter about which a witness once had

knowledge but now has insufficient recollection to testify fully and

accurately, shown to have been made or adopted by the witness when

the matter was fresh in the witness’s memory and to reflect that

knowledge correctly. The record may be read into evidence but may

not itself be received as an exhibit unless offered by an adverse

party;

6. A record of acts, events, conditions, opinions or diagnosis,

made at or near the time by or from information transmitted by a

person with knowledge, if kept in the course of a regularly

conducted business activity, and if it was the regular practice of

that business activity to make the record, all as shown by the

testimony of the custodian or other qualified witness, or by

certification that complies with paragraph 11 or 12 of Section 2902

of this title, or with a statute providing for certification, unless

the source of information or the method or circumstances of

preparation indicate lack of trustworthiness. The term "business"

as used in this paragraph includes business, institution,

association, profession, occupation and calling of every kind,

whether or not conducted for profit. A public record inadmissible

under paragraph 8 of this section is inadmissible under this

exception;

7. Evidence that a matter is not included in records kept in

accordance with the provisions of paragraph 6 of this section, to

prove the nonoccurrence or nonexistence of the matter, if the matter

was of a kind of which a record was regularly made and preserved, or

by certification that complies with paragraph 11 or 12 of Section

2902 of this title, or with a statute providing for certification,

unless the sources of information or other circumstances indicate

lack of trustworthiness;

8. To the extent not otherwise provided in this paragraph, a

record of a public office or agency setting forth its regularly

conducted and regularly recorded activities or matters observed

pursuant to duty imposed by law and as to which there was a duty to

report, or factual finding resulting from an investigation made

pursuant to authority granted by law. The following are not within

this exception to the hearsay rule:

a. investigative reports by police and other law

enforcement personnel,

b. investigative reports prepared by or for a government,

a public office or agency when offered by it in a case

in which it is a party,

c. factual findings offered by the government in criminal

cases,

Oklahoma Statutes - Title 12. Civil Procedure Page 480

d. factual findings resulting from special investigation

of a particular complaint, case or incident, or

e. any matter as to which the sources of information or

other circumstances indicate lack of trustworthiness;

9. Records of births, fetal deaths, deaths or marriages, if the
ctual findings offered by the government in criminal

cases,

Oklahoma Statutes - Title 12. Civil Procedure Page 480

d. factual findings resulting from special investigation

of a particular complaint, case or incident, or

e. any matter as to which the sources of information or

other circumstances indicate lack of trustworthiness;

9. Records of births, fetal deaths, deaths or marriages, if the

report thereof was made to a public office pursuant to statutory

requirements;

10. To prove the absence of a record or the nonoccurrence or

nonexistence of a matter of which a record was regularly made and

preserved by a public office or agency, evidence in the form of a

certification in accordance with Section 2903 of this title, or

testimony, that diligent search failed to disclose the record or

entry;

11. Statements of births, marriages, divorces, deaths,

legitimacy, ancestry, relationship by blood or marriage or other

similar facts of personal or family history contained in a regularly

kept record of a religious organization;

12. Statements of fact contained in a certified record that the

maker performed a marriage or other ceremony or administered a

sacrament, made by a cleric, public official or other person

authorized by the rules or practices of a religious organization or

by law to perform the act certified and purporting to have been

issued at the time of the act or within a reasonable time

thereafter;

13. Statements of fact concerning personal or family history

including those contained in family Bibles, genealogy, charts,

engravings on rings, inscriptions on family portraits, engravings on

urns, crypts or tombstones, or the like;

14. A public record purporting to establish or affect an

interest in property, as proof of the content of the original

recorded document and its execution and delivery by each person by

whom it purports to have been executed and delivered;

15. A statement contained in a record purporting to establish

or affect an interest in property if the matter stated was relevant

to the purpose of the record unless dealings with the property since

the record was made have been inconsistent with the truth of the

statement or the purport of the record;

16. Statements in a record in existence twenty (20) years or

more, the authenticity of which is established;

17. Market quotations, tabulations, lists, directories or other

published or publicly recorded compilations generally used and

relied upon by the public or by persons in particular occupations;

18. To the extent called to the attention of an expert witness

upon cross-examination or relied upon by the witness in direct

examination, statements contained in published treatises,

periodicals or pamphlets on a subject of history, medicine or other

science or art, established as a reliable authority by the testimony

Oklahoma Statutes - Title 12. Civil Procedure Page 481

or admission of the witness or by other expert testimony or by

judicial notice. If admitted, the statements may be read into

evidence but may not be received as exhibits;

19. Reputation among members of an individual’s family by

blood, adoption or marriage, or among the individual’s associates,

or in the community, concerning a person's birth, adoption,

marriage, divorce, death, legitimacy, relationship by blood,

adoption or marriage, ancestry or other similar fact of the

individual’s personal or family history;

20. Reputation in a community, arising before the controversy,

as to boundaries of or customs affecting lands in the community and

reputation as to events of general history important to the

community or state or nation in which located;

21. Reputation of a person's character among the person’s

associates or in the community;

22. Evidence of a final judgment, but not upon a plea of nolo

contendere, adjudging a person guilty of a crime punishable by death

or imprisonment in excess of one (1) year, to prove any fact
and

reputation as to events of general history important to the

community or state or nation in which located;

21. Reputation of a person's character among the person’s

associates or in the community;

22. Evidence of a final judgment, but not upon a plea of nolo

contendere, adjudging a person guilty of a crime punishable by death

or imprisonment in excess of one (1) year, to prove any fact

essential to sustain the judgment, but not including, when offered

by the state in a criminal prosecution for purposes other than

impeachment, judgments against persons other than the accused. The

pendency of an appeal may be shown but does not affect

admissibility;

23. Judgments as proof of matters of personal, family or

general history, or boundaries, essential to the judgment, if the

matter would be provable by evidence of reputation; or

24. A verified or declared written medical report signed by a

physician, provided:

a. the report is used in an action not arising out of

contract in which the claim of the plaintiff is not in

excess of Twenty-five Thousand Dollars ($25,000.00),

b. the report contains a history of the plaintiff, the

complaints of the plaintiff, the physician’s findings

on examination, and any diagnostic tests, description

and cause of the injury, and the nature and extent of

any permanent impairment. All opinions expressed in

the report must be based upon a reasonable degree of

medical probability, and

c. the medical report must be verified or contain a

written declaration, made under the penalty of

perjury, that the report is true.