§ 2608.Evidence of Character and Conduct of Witness
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceSection 2608 lets a witness's credibility be attacked or supported by opinion or reputation evidence limited to truthfulness, allows cross-examination about specific instances of conduct bearing on truthfulness at the court's discretion, and preserves the privilege against self-incrimination for matters that go only to credibility.
A.The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, subject to these limitations:
1.The evidence may refer only to character for truthfulness or untruthfulness; and
2.Evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked.
B.Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness's credibility, other than conviction of crime as provided in Section 2609 of this title, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness if they:
1.Concern the witness's character for truthfulness or untruthfulness;
2.Concern the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.
C.The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness's privilege against self-incrimination when examined with respect to matters which relate only to credibility.
Amendment History
Laws 1978, SB 276, c. 285, § 608, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §47,
eff. 11/1/2002.
Plain-English Summary
Subsection A limits character evidence about a witness to the trait that matters for credibility -- truthfulness or untruthfulness -- and it only opens the door to evidence of truthful character after someone has attacked the witness's truthfulness first.
Subsection B addresses specific instances of a witness's conduct -- other than a criminal conviction, which Section 2609 governs separately. Those instances can't be proved through extrinsic evidence, but the court has discretion to allow inquiry into them on cross-examination if they're probative of truthfulness or untruthfulness and either concern the witness's own character for truthfulness or the character for truthfulness of another witness the cross-examined witness has testified about.
Subsection C protects a witness -- accused or otherwise -- who testifies: giving testimony doesn't waive the privilege against self-incrimination as to cross-examination on matters that relate only to credibility.
Frequently Asked Questions
Can a lawyer ask a witness about a specific lie the witness told years ago to attack their honesty?
The court has discretion to allow that on cross-examination if it's probative of truthfulness, but Section 2608(B) bars proving it through outside, extrinsic evidence -- the cross-examiner is stuck with the witness's answer.
When can a party offer evidence that a witness has a truthful character?
Only after the witness's character for truthfulness has already been attacked.
Does testifying waive a witness's Fifth Amendment privilege for credibility questions?
No. Section 2608(C) preserves the privilege against self-incrimination for cross-examination limited to matters affecting only credibility.
How does this section relate to Section 2609?
Section 2608(B) expressly excludes conviction of a crime from its extrinsic-evidence bar, leaving criminal convictions to the separate rules in Section 2609.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:character evidence witness credibility oklahomaFRE 608 oklahomacross examination specific instances of conduct12 O.S. § 2608