Oklahoma § 12-2801 - Definitions

§ 12-2801. Definitions

A. For purposes of this Code:

1. A "statement" means:

a.

an oral assertion,

b.

an assertion in a record, or

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.

B. A statement is not hearsay if:

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

Oklahoma Statutes - Title 12. Civil Procedure

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.

Added by Laws 1978, c. 285, § 801, eff. Oct. 1, 1978. Amended by

Laws 1991, c. 62, § 6, eff. Sept. 1, 1991; Laws 2002, c. 468, § 57,

eff. Nov. 1, 2002.