§ 2611.Mode and Order of Interrogation and Presentation
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceSection 2611 gives the court control over how witnesses are questioned and evidence presented, lets a civil litigant call and cross-examine an adverse party as a hostile witness, limits cross-examination to the scope of direct plus credibility, and restricts leading questions to cross-examination and hostile or adverse witnesses.
A.Subject to subsection B of this section, the court shall exercise control over the manner and order of interrogating witnesses and presenting evidence so as to:
1.Make the interrogation and presentation effective for the ascertainment of the truth;
3.Protect witnesses from harassment or undue embarrassment.
B.Any party to a civil action or proceeding may compel any adverse party or person, or any agent, servant or employee of such party or person, for whose benefit such action or proceeding is instituted, prosecuted or defended, to testify as a witness, at the trial, or by deposition, in the same manner and subject to the same rules as other witnesses, provided that any such adverse party, or the adverse party's agent, servant or employee called as a witness by the opposing party shall be deemed a hostile witness and may be cross- examined by the party calling the witness to the same extent as any opposition witness.
C.Cross-examination shall be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may permit inquiry into additional matters as if on direct examination.
D.Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony. Leading questions should ordinarily be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, leading questions may be used on direct examination.
Amendment History
Laws 1978, SB 276, c. 285, § 611, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §50,
eff. 11/1/2002.
Plain-English Summary
Subsection A hands the court control over the manner and order of questioning witnesses and presenting evidence, aimed at three goals: making the process effective for finding the truth, avoiding wasted time, and protecting witnesses from harassment or undue embarrassment.
Subsection B gives civil litigants a specific tool: a party can compel an adverse party -- or that party's agent, servant, or employee, when the action is brought or defended for that person's benefit -- to testify at trial or by deposition. Once called, that witness is treated as hostile and can be cross-examined by the calling party to the same extent as any opposing witness.
Subsections C and D round out the scope: cross-examination is generally limited to the subject matter of the direct examination and to credibility, though the court may permit broader inquiry as if on direct. Leading questions are ordinarily reserved for cross-examination and shouldn't be used on direct except as necessary to develop testimony -- but when the witness called is hostile, an adverse party, or identified with an adverse party, leading questions are allowed on direct too.
Frequently Asked Questions
Can a party in a civil case call the opposing party as a witness and cross-examine them?
Yes. Section 2611(B) lets a party compel an adverse party -- or that party's agent, servant, or employee -- to testify, and treats that witness as hostile, open to cross-examination by the calling party.
Are leading questions ever allowed during direct examination?
Yes, when necessary to develop a witness's testimony, or when the witness is hostile, an adverse party, or identified with an adverse party.
What limits the scope of cross-examination?
Section 2611(C) generally confines it to the subject matter raised on direct examination and to matters affecting the witness's credibility, though the court can permit broader inquiry.
What goals guide the court's control over witness examination?
Section 2611(A) lists three: making the process effective for finding the truth, avoiding needless consumption of time, and protecting witnesses from harassment or undue embarrassment.
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:leading questions direct examination oklahomaFRE 611 oklahomahostile witness oklahoma civil case12 O.S. § 2611