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§ 2611.9.Order - Required Contents

Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 2611.9 requires a judge's order allowing or disallowing alternative-method child testimony to state supporting findings and conclusions, spell out the method and its conditions, and stay no more restrictive of the parties' rights than the circumstances demand.

Full Text of § 2611.9

Text sizeJump to: (A) (B) (C)

A. An order allowing or disallowing a child witness to testify by an alternative method shall state the findings of fact and conclusions of law that support the determination of the judge or presiding officer.
B. An order allowing a child witness to testify by an alternative method shall:
1. State the method by which the child is to testify;
2. List any individual or category of individuals allowed to be in, or required to be excluded from, the presence of the child during the testimony;
3. State any special conditions necessary to facilitate a party's right to examine or cross-examine the child;
4. State any condition or limitation upon the participation of individuals present during the testimony of the child; and
5. State any other condition necessary for taking or presenting the testimony.
C. The alternative method ordered by the judge or presiding officer shall not be more restrictive of the rights of the parties than is necessary under the circumstance to serve the purposes of the order.

Amendment History

Added by Laws 2003, HB 1635, c. 405, §7, eff. 11/1/2003.

Plain-English Summary

Whether the judge allows or disallows alternative-method testimony, subsection A requires the order to state the findings of fact and conclusions of law behind the decision. If the judge allows it, subsection B requires the order to spell out the method itself; who may be present or must be excluded during the child's testimony; any special conditions for examining or cross-examining the child; any limits on how present individuals may participate; and any other necessary condition. Subsection C caps all of it with a proportionality rule: the alternative method can't restrict the parties' rights more than the circumstances require to serve the order's purposes.

Frequently Asked Questions

What must a judge include in an order about alternative-method testimony?

Findings of fact and conclusions of law supporting the decision, whether the judge allows or disallows the alternative method.

If the alternative method is allowed, what else must the order specify?

The method itself, who may be present or excluded during testimony, any special conditions for examination or cross-examination, any limits on participants, and any other necessary condition.

Can the judge impose any restriction the judge wants on the parties?

No. Section 2611.9(C) requires the alternative method to be no more restrictive of the parties' rights than the circumstances require to serve the order's purposes.

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: required contents child witness order oklahoma12 O.S. § 2611.9alternative method testimony order oklahomachild witness order findings