A. It is the intent of the Legislature in enacting this section to provide the court with discretion to employ unusual court procedures to protect the rights of incapacitated persons, while ensuring the rights of a criminal defendant and the integrity of the judicial process.
§ 2611.2.Minor Or Incapacitated Witnesses - Closing of Testimony to Public - Taking Testimony Outside Courtroom - Meeting In Chambers With Judge and Attorneys - Presence of Support Person Or Therapeutic Dog
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2014 · Last verified August 3, 2026
In one sentenceSection 2611.2 lets a court, after a hearing on ten listed factors, close an incapacitated witness's testimony in a criminal case to the public, and gives the witness the right to a support person or a certified therapeutic dog while testifying.
Full Text of § 2611.2
B. As used in this section:
1. "Support person" means a parent, other relative or a next friend chosen by the witness to accompany the witness to court proceedings;
2. "Incapacitated witness" means any witness in a criminal proceeding that is a person who is defined as an incapacitated person or vulnerable adult as such terms are defined by the provisions of Section 10-103 of Title 43A of the Oklahoma Statutes; and
3. "Witness" means incapacitated witness.
C. The court, upon motion of counsel, shall conduct a hearing to determine whether the testimony of a witness shall be closed to the public. In making the decision, the court shall consider:
1. The nature and seriousness of the issues in the proceeding;
2. The age of the witness;
3. The relationship, if any, of the witness to the defendant;
4. The extent to which the size of the community would preclude the anonymity of the witness;
5. The likelihood of public disgrace of the witness;
6. Whether there is an overriding public interest in having the testimony of the witness presented in open court;
7. The substantial risk that the identity of the witness would be disclosed to the public during the proceeding;
8. The substantial probability that the disclosure of the identity of the witness would cause serious harm to the witness;
9. Whether the witness has disclosed information concerning the case to the public in a manner which would preclude anonymity of the witness; and
10. Other factors the court may deem necessary to protect the interests of justice.
D. If the court determines that the testimony of the witness is to be closed to the public, the court shall in its order accordingly and set forth the persons who can be present during the taking of testimony of the witness, which shall include:
1. The parties to the proceeding and their counsel;
2. Any officer having custody of the witness;
3. Court personnel as may be necessary to conduct the hearing and maintain order, including but not limited to the judge, the court clerk, the bailiff, and the court reporter;
4. Jury members, if appropriate; and
5. The witness and a support person for the witness.
E. The testimony of the witness may be taken in the courtroom, in chambers, or in some other comfortable place. If the testimony of a witness is to be taken in a courtroom, the witness and support person shall be assembled in the court chambers prior to the taking of the testimony to meet for a reasonable period of time with the judge, and counsel for the parties. At this meeting court procedures shall be explained to the witness and counsel shall be given an opportunity to establish a rapport with the witness to facilitate taking the testimony of the witness at a later time. The facts involved in the proceeding shall not be discussed with the witness during this meeting.
F. A witness shall have the right to be accompanied by a support person while giving testimony in the proceeding, but the support person shall not discuss the testimony of the witness with any other witnesses or attempt to prompt or influence the testimony of the witness in any way. In lieu of a support person, a witness shall be afforded the opportunity to have a certified therapeutic dog accompanied by the handler of the certified therapeutic dog pursuant to the provisions set forth in Section 1 of this act.
Amendment History
Amended by Laws 2014, c. 81, s. 2, eff. 11/1/2014. Added by Laws 1996, HB 2182, c. 202, § 1, eff. 11/1/1996; Renumbered from 12 O.S. § 2803.2 by Laws 1999, SB 481, c. 108, §1, eff. 11/1/1999; Amended by Laws 2000, HB 2019, c. 340, §21, emerg. eff. 7/1/2000; Amended by Laws 2002, HB 1939, c. 468, §51, eff. 11/1/2002; Amended by Laws 2003, HB 1635, c. 405, §10, eff. 11/1/2003.
Plain-English Summary
Subsection A frames the purpose: giving courts discretion to use unusual procedures that protect an incapacitated witness while preserving a criminal defendant's rights and the integrity of the process. Subsection B supplies the key definitions -- an "incapacitated witness" is a witness in a criminal proceeding who meets Title 43A's definition of an incapacitated person or vulnerable adult, and a "support person" is a parent, other relative, or next friend the witness chooses to accompany them to court.
On a motion from counsel, subsection C requires a hearing weighing ten factors before closing testimony to the public -- among them the seriousness of the proceeding, the witness's age and relationship to the defendant, the likelihood of public disgrace or serious harm from disclosure, and whether there's an overriding public interest in open testimony. If the court closes the testimony, subsection D's order must still admit the parties and counsel, any custodial officer, necessary court personnel, the jury where appropriate, and the witness with a support person.
Subsections E and F add two accommodations: a pre-testimony meeting in chambers with the judge and counsel, without discussing the facts of the case, to build rapport and explain court procedures; and a right to have a support person present while testifying, or, in place of a support person, a certified therapeutic dog and its handler.
Frequently Asked Questions
Who qualifies as an "incapacitated witness" under this section?
A witness in a criminal proceeding who meets the definition of an incapacitated person or vulnerable adult under Section 10-103 of Title 43A.
What factors does the court weigh before closing testimony to the public?
Section 2611.2(C) lists ten, including the seriousness of the issues, the witness's age and relationship to the defendant, the risk of public disgrace or harm from disclosure, and any overriding public interest in open testimony.
Who's still allowed in the courtroom if testimony is closed to the public?
The parties and their counsel, any officer with custody of the witness, necessary court personnel, the jury if appropriate, and the witness with a support person.
Can a witness bring a support animal instead of a person?
Yes. Section 2611.2(F) allows a certified therapeutic dog and its handler in place of a support person.
What can the witness's support person do during testimony?
Accompany the witness, but the support person can't discuss the testimony with other witnesses or try to prompt or influence it.
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: oklahoma incapacitated witness closed testimonysupport person therapeutic dog witness oklahomavulnerable adult witness protections oklahoma12 O.S. § 2611.2