Oklahoma § 12-2611.7 - Situations where alternative method testimony

§ 12-2611.7. Situations where alternative method testimony

permitted.

A. In a criminal proceeding, the judge or presiding officer may

allow a child witness to testify by an alternative method only in

the following situations:

1. The child may testify otherwise than in an open forum in the

presence and full view of the finder of fact if the judge or

presiding officer finds by clear and convincing evidence that the

Oklahoma Statutes - Title 12. Civil Procedure

child would suffer serious emotional trauma that would substantially

impair the child’s ability to communicate with the finder of fact if

required to testify in the open forum; and

2. The child may testify other than face-to-face with the

defendant if the judge or presiding officer finds by clear and

convincing evidence that the child would suffer serious emotional

trauma that would substantially impair the child’s ability to

communicate with the finder of fact if required to be confronted

face-to-face by the defendant.

B. In a criminal proceeding, the child may have an advocate

appointed by the court to monitor the potential for emotional

trauma. The advocate shall be a registered professional social

worker, psychologist, or psychiatrist.

C. In a noncriminal proceeding, the judge or presiding officer

may allow a child witness to testify by an alternative method if the

judge or presiding officer finds by a preponderance of the evidence

that allowing the child to testify by an alternative method is

necessary to serve the best interests of the child or enable the

child to communicate with the finder of fact. In making the

finding, the judge or presiding officer shall consider:

1. The nature of the proceeding;

2. The age and maturity of the child;

3. The relationship of the child to the parties in the

proceeding;

4. The nature and degree of emotional trauma that the child may

suffer in testifying; and

5. Any other relevant factor.

Added by Laws 2003, c. 405, § 5, eff. Nov. 1, 2003. Amended by Laws

2008, c. 111, § 2, eff. Nov. 1, 2008.