Okla. Stat. tit. 12, § 12-2804.1
This is the official text of Okla. Stat. tit. 12, § 12-2804.1, 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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Hearsay exception – Exceptional circumstances
Official statutory text
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:
Oklahoma Statutes - Title 12. Civil Procedure Page 486
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.
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:
Oklahoma Statutes - Title 12. Civil Procedure Page 486
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.
Status: in_force · Read it on the official government site
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