A. The judge or presiding officer in a criminal or noncriminal proceeding may order a hearing to determine whether to allow a child witness to testify by an alternative method. The judge or presiding officer, for good cause shown, shall order the hearing upon motion of a party, a child witness, or an individual determined by the judge or presiding officer to have sufficient standing to act on behalf of the child.
§ 2611.6.Hearing - Determination of Whether to Use Alternative Method Testimony
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2611.6 lets a judge order a hearing on whether to allow a child witness to testify by an alternative method, requires one for good cause on motion, and frees the hearing itself from evidence rules other than privilege.
Full Text of § 2611.6
B. A hearing to determine whether to allow a child witness to testify by an alternative method shall be conducted on the record after reasonable notice to all parties, any nonparty movant, and any other person the presiding officer specifies. The presence of the child is not required at the hearing unless ordered by the judge or presiding officer. In conducting the hearing, the judge or presiding officer shall not be bound by rules of evidence except the rules of privilege.
Amendment History
Added by Laws 2003, HB 1635, c. 405, §4, eff. 11/1/2003.
Plain-English Summary
A judge or presiding officer has discretion to order a hearing on whether to let a child witness testify by an alternative method, but that discretion narrows to a requirement once a party, the child witness, or someone with standing to act for the child moves for the hearing and shows good cause.
The hearing itself runs on the record, after reasonable notice to the parties and anyone else the presiding officer specifies, and the child doesn't have to attend unless the judge orders it. Because the point is figuring out how the child should testify, not trying the underlying case, the judge isn't bound by the rules of evidence at this hearing, except for the rules of privilege.
Frequently Asked Questions
Is a hearing on alternative-method testimony always required?
Not automatically, but the judge or presiding officer must order one for good cause shown on motion of a party, the child witness, or someone with standing to act for the child.
Does the child witness have to appear at this hearing?
No, unless the judge or presiding officer orders the child's presence.
Do the ordinary rules of evidence apply at this hearing?
No, except for the rules of privilege -- the judge isn't otherwise bound by the rules of evidence in conducting the hearing.
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: hearing alternative method child testimony oklahoma12 O.S. § 2611.6child witness hearing procedure oklahomagood cause hearing child testimony