Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceLets a court admit a hearsay statement not covered by Sections 2803 through 2806 if it has equivalent trustworthiness guarantees, offers evidence more probative than other available evidence, and serves the Code's purposes and the interests of justice, provided the proponent gave advance notice of the statement and declarant's identity.
A.In exceptional circumstances a statement not covered by Section 2803, 2804, 2805, or 2806 of this title but possessing equivalent, though not identical, circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule if the court determines that:
1.The statement is offered as evidence of a fact of consequence;
2.The statement is more probative on the point for which it is offered than any other evidence that the proponent can procure through reasonable efforts; and
3.The general purposes of this Code and the interests of justice will best be served by admission of the statement into evidence.
B.The court shall state on the record the circumstances that support its determination of the admissibility of the statement offered pursuant to subsection A of this section.
C.A statement is not admissible under this exception unless its proponent gives to all parties reasonable notice in advance of trial, or during trial if the court excuses pretrial notice for good cause shown, of the substance of the statement and the identity of the declarant.
Amendment History
Added by Laws 2002, HB 1939, c. 468, §61, eff. 11/1/2002.
Plain-English Summary
This section is a safety valve for hearsay that doesn't fit any of the Code's other exceptions but still deserves admission. In "exceptional circumstances," the court can admit a statement not covered by Sections 2803, 2804, 2805, or 2806 if it has circumstantial guarantees of trustworthiness equivalent -- though not identical -- to those listed exceptions, if it's offered as evidence of a fact of consequence, if it's more probative on that point than any other evidence the proponent can reasonably procure, and if admitting it serves the Code's general purposes and the interests of justice.
Two procedural safeguards go with that flexibility. The court must state on the record the circumstances supporting its admissibility determination, and the proponent must give all parties reasonable advance notice of the statement's substance and the declarant's identity, unless the court excuses pretrial notice for good cause shown during trial.
Frequently Asked Questions
Can hearsay come in even if it doesn't fit any specific exception?
Yes, in exceptional circumstances, if it has trustworthiness guarantees equivalent to the Code's other exceptions and meets the other requirements in subsection A.
Does the proponent have to warn the other side before using this exception?
Yes, subsection C requires reasonable advance notice of the statement's substance and the declarant's identity, unless the court excuses pretrial notice for good cause shown during trial.
Does the judge have to explain why the statement qualifies?
Yes, subsection B requires the court to state on the record the circumstances that support its determination.
Does this exception require the statement to be more reliable than every other piece of evidence in the case?
No, it must be more probative on the point for which it's offered than any other evidence the proponent can procure through reasonable efforts -- a narrower comparison.
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:oklahoma residual hearsay exception12 O.S. § 2804.1FRE 807 oklahoma equivalentcatch-all hearsay exception oklahoma evidence