§ 2611.4.Definitions
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2022 · Last verified August 3, 2026
Full Text of § 2611.4
Amendment History
Amended by Laws 2022, c. 104, s. 3, eff. 11/1/2022. Added by Laws 2003, HB 1635, c. 405, §2, eff. 11/1/2003; Amended by Laws 2004, SB 1090, c. 445, §1, emerg. eff. 6/4/2004; Amended by Laws 2009, HB 2029, c. 234, §112, emerg. eff. 5/21/2009.
Plain-English Summary
An "alternative method" is any way of taking a child's testimony that skips at least one of three features of ordinary testimony: testifying in person in an open forum, testifying in the full view of the factfinder and presiding officer, and letting every party be present, participate, and view and be viewed by the child. A "child witness" is a child, as the Children's Code defines that term, who has been or will be called to testify.
The remaining two definitions mark out the Act's reach. A "criminal proceeding" covers depositions, conditional examinations, trials, and hearings in a state criminal prosecution, including a juvenile certified to stand trial as an adult or a youthful offender case. A "noncriminal proceeding" covers depositions, trials, and hearings before a court or an administrative agency with judicial or quasi-judicial powers -- everything the Act reaches that isn't a criminal proceeding.
Frequently Asked Questions
What makes a method of taking testimony an "alternative method" under this Act?
It's missing at least one of three features: in-person testimony in an open forum, testimony in full view of the factfinder and presiding officer, or full party presence, participation, and mutual viewing with the child.
Who counts as a "child witness"?
A child, as defined by Section 1-1-105 of Title 10A (the Children's Code), who has been or will be called to testify in a proceeding.
Does the Act cover juvenile delinquency and youthful offender cases?
Yes. Section 2611.4's definition of "criminal proceeding" includes a juvenile certified to stand trial as an adult and a youthful offender prosecution.
What's a "noncriminal proceeding" under the Act?
A deposition, trial, or hearing before a court or an administrative agency with judicial or quasi-judicial powers, other than a criminal proceeding.