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§ 2611.4.Definitions

Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2022 · Last verified August 3, 2026

In one sentenceSection 2611.4 defines the core terms of the Uniform Child Witness Testimony by Alternative Methods Act -- "alternative method," "child witness," "criminal proceeding," and "noncriminal proceeding" -- that shape when and how the Act applies.

Full Text of § 2611.4

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As used in the Uniform Child Witness Testimony by Alternative Methods Act:
1. "Alternative method" means a method by which a child witness testifies which does not include all of the following:
a. having the child testify in person in an open forum,
b. having the child testify in the presence and full view of the finder of fact and presiding officer, and
c. allowing all of the parties to be present, to participate, and to view and be viewed by the child;
2. "Child witness" means a child as defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes who has been or will be called to testify in a proceeding;
3. "Criminal proceeding" means a deposition, conditional examination ordered pursuant to Section 765 of Title 22 of the Oklahoma Statutes, trial or hearing before a court in a prosecution of a person charged with violating a criminal law of this state, a juvenile certified to stand trial as an adult pursuant to Section 2-2- 403 of Title 10A of the Oklahoma Statutes or a youthful offender prosecuted pursuant to the Youthful Offender Act; and
4. "Noncriminal proceeding" means a deposition, trial or hearing before a court or an administrative agency of this state having judicial or quasi-judicial powers, other than a criminal proceeding.

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.

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: child witness definitions oklahomaalternative method testimony definition oklahoma12 O.S. § 2611.4uniform child witness act definitions