Oklahoma § 12-2804.1 - Hearsay exception – Exceptional circumstances

§ 12-2804.1. Hearsay exception – Exceptional circumstances

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:

Oklahoma Statutes - Title 12. Civil Procedure

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.

Added by Laws 2002, c. 468, § 61, eff. Nov. 1, 2002.