A. In examining a witness concerning a prior statement made by the witness whether in a record or not, the statement need not be shown nor its contents disclosed to the witness at that time but on request the same shall be shown or disclosed to opposing counsel just prior to the cross-examination of the witness.
§ 2613.Prior Statements of Witnesses
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceLets a lawyer question a witness about a prior statement without first showing it to the witness, if it's disclosed to opposing counsel before cross-examination, and bars extrinsic evidence of a prior inconsistent statement unless the witness can explain or deny it, except for admissions of a party opponent.
Full Text of § 2613
B. Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon. This provision does not apply to admissions of a party opponent as defined in paragraph 2 of subsection B of Section 2801 of this title.
Amendment History
Laws 1978, SB 276, c. 285, § 613, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §53, eff. 11/1/2002.
Plain-English Summary
Cross-examining a witness about a prior statement doesn't require showing the document to the witness first. Subsection A lets a lawyer ask about a prior statement's substance without disclosing it to the witness at that moment, as long as opposing counsel sees it on request just before cross-examination begins.
Subsection B protects witnesses from being ambushed with outside evidence. Before a party can introduce extrinsic evidence of a prior inconsistent statement, the witness needs a chance to explain or deny it, and the opposing party needs a chance to question the witness about it. That safeguard doesn't apply to admissions of a party opponent, defined in Section 2801.
Frequently Asked Questions
Do I have to show a witness their prior statement before asking about it?
Not at that time -- Section 2613(A) doesn't require showing or disclosing it to the witness then, but it must be shown or disclosed to opposing counsel on request just before cross-examination.
Can I bring in a document to prove a witness said something different earlier?
Only if the witness first had an opportunity to explain or deny the inconsistent statement and the opposing party had an opportunity to interrogate the witness about it.
Does the witness always get a chance to explain an inconsistent statement first?
Not always -- subsection B says this requirement doesn't apply to admissions of a party opponent as defined in Section 2801.
What counts as "extrinsic evidence" here?
Evidence from outside the witness's own testimony -- another witness's testimony or a document -- offered to prove the witness made an inconsistent statement.
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: prior inconsistent statement oklahoma evidence12 O.S. § 2613FRE 613 oklahoma equivalentimpeaching witness with prior statement oklahoma