Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceDefines "statement," "declarant," and "hearsay" for the Oklahoma Evidence Code, then lists categories of statements -- certain prior statements by a testifying witness and statements offered against a party, including admissions and coconspirator statements -- that the Code treats as not hearsay at all.
c.nonverbal conduct of a person, if it is intended by a person as an assertion;
2.A "declarant" means a person who makes a statement; and
3."Hearsay" means a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
1.The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:
a.inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing or other proceeding, or in a deposition, or
b.consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive and was made before the supposed fabrication, influence, or motive arose, or
c.one of identification of a person made after perceiving the person; or
2.The statement is offered against a party and is:
a.the party's own statement, in either an individual or a representative capacity, or
b.a statement of which the party has manifested an adoption or belief in its truth, or
c.a statement by a person authorized by the party to make a statement concerning the subject, or
d.a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or
e.a statement by a coconspirator of a party during the course and in furtherance of the conspiracy.
Amendment History
Laws 1978, SB 276, c. 285, § 801, eff. 10/1/1978; Amended by Laws 1991, HB 1381, c. 62, § 6, eff.
9/1/1991; Amended by Laws 2002, HB 1939, c. 468, §57, emerg. eff. 11/1/2002.
Plain-English Summary
Subsection A supplies the vocabulary the rest of the hearsay article runs on. A "statement" is an oral assertion, an assertion in a record, or nonverbal conduct a person intends as an assertion. A "declarant" is whoever makes the statement. And "hearsay" is a statement -- other than one the declarant makes while testifying at the trial or hearing -- offered to prove the truth of what it asserts.
Subsection B carves two large categories out of the hearsay definition entirely, rather than excepting them from the hearsay bar. If the declarant testifies and can be cross-examined about the statement, a prior inconsistent statement given under oath, a prior consistent statement rebutting a charge of recent fabrication, or a prior identification of a person isn't hearsay. And a statement offered against a party isn't hearsay if it's the party's own statement, one the party adopted, one made by someone the party authorized to speak on the subject, one made by the party's agent or employee within the scope of that relationship, or one made by a coconspirator during and in furtherance of the conspiracy.
Frequently Asked Questions
What counts as a "statement" for hearsay purposes?
An oral assertion, an assertion in a record, or nonverbal conduct of a person if the person intended it as an assertion.
Is everything a witness says outside of court automatically hearsay?
No, only a statement offered to prove the truth of the matter asserted counts, and only if it wasn't made by the declarant while testifying at the trial or hearing.
Are a party's own out-of-court statements hearsay when offered against them?
No, subsection B(2)(a) treats the party's own statement, offered against that party, as not hearsay.
Can a coconspirator's statement come in against a defendant?
Yes, if made by a coconspirator of a party during the course and in furtherance of the conspiracy, per subsection B(2)(e).
What's required before a prior inconsistent statement counts as non-hearsay?
The declarant must testify and be subject to cross-examination about it, and the statement must have been given under oath subject to the penalty of perjury at a trial, hearing, other proceeding, or deposition.
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:hearsay definition oklahoma12 O.S. § 2801FRE 801 oklahoma equivalentadmission of party opponent oklahoma hearsay