If the judge or presiding officer determines that a standard under Section 5 of this act has been met, the judge or presiding officer shall determine whether to allow a child witness to testify by an alternative method and in doing so shall consider:
§ 2611.8.Determination of Whether to Allow Child Witness to Testify By an Alternative Method
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2611.8 lists seven factors a judge must weigh -- once the Section 2611.7 threshold is met -- in deciding whether to allow a child witness to testify by an alternative method.
Full Text of § 2611.8
1. Alternative methods reasonably available;
2. Available means for protecting the interests of or reducing emotional trauma to the child without resort to an alternative method;
3. The nature of the case;
4. The relative rights of the parties;
5. The importance of the proposed testimony of the child;
6. The nature and degree of emotional trauma that the child may suffer if an alternative method is not used; and
7. Any other relevant factor.
Amendment History
Added by Laws 2003, HB 1635, c. 405, §6, eff. 11/1/2003.
Plain-English Summary
Meeting the trauma or best-interests standard in Section 2611.7 doesn't automatically produce an alternative-method order. Section 2611.8 has the judge or presiding officer weigh seven additional factors: what alternative methods are reasonably available, whether the child's interests can be protected without resorting to one, the nature of the case, the relative rights of the parties, how important the child's proposed testimony is, the degree of trauma the child would suffer without an alternative method, and any other relevant factor.
Frequently Asked Questions
Does meeting the Section 2611.7 standard guarantee an alternative-method order?
No. Section 2611.8 requires the judge to separately weigh seven factors before deciding whether to allow the alternative method.
What factors does the judge consider at this stage?
Available alternative methods, other ways to protect the child without one, the nature of the case, the parties' relative rights, the importance of the child's testimony, the degree of trauma without an alternative method, and any other relevant factor.
Does this section reference an earlier standard?
Yes. It applies once the judge determines that the standard set out in Section 2611.7 has been met.
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
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