Rulings on Evidence - Tulsa Trial Attorneys

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Rulings on Evidence

Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of a party is affected, and:

1. If the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or 

2. If the ruling is one excluding evidence, the substance of the evidence was made known to the judge by offer or was apparent from the context within which questions were asked.

The court may add any statement which shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon. It may direct the making of an offer in question and answer form.

In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being presented to the jury by any means, including making statements or offers of proof or asking questions within the hearing of the jury.

Nothing in this section precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court. 12 O.S. 2104

General Provisions

Judicial Notice

Presumptions

Relevance

Privilege

Witnesses

  • General Rule of Competency

  • Lack of Personal Knowledge

  • Oath or Affirmation

  • Interpreters

  • Competency of Judge as Witness

  • Competency of Juror as Witness

  • Who May Impeach

  • Evidence of Character and Conduct of Witness

  • Impeachment by Evidence of Conviction of Crime

  • Religious Beliefs or Opinions

  • Mode and Order of Interrogation and Presentation

  • Repealed

  • Unusual Court Procedures to Protect Rights of Incapacitated Persons - Criminal Defendant - Judicial Integrity

Uniform Child Witness Testimony by Alternative Methods Act

  • Short Title

  • Definitions

  • Applicability in Criminal and Noncriminal Proceedings

  • Hearing - When Ordered, How Conducted, Rules of Evidence

  • When Child Witness May Testify by Alternate Means - Findings, Factors, Evidentiary Standards

  • Factors Affecting Selection of Alternate Method of Testifying

  • Orders

  • Opportunity for Cross Examination

  • Construction of Act

  • Use of a Certified Therapeutic Dog

  • Writing Used to Refresh Memory

  • Prior Statements of Witnesses

  • Calling and Interrogation of Witnesses by Court

  • Exclusion of Witnesses

Expert and Opinion Testimony

  • Opinion Testimony by Lay Witnesses

  • Testimony by Experts

  • Bases of Opinion Testimony by Experts

  • Opinion on Ultimate Issue

  • Disclosure of Facts or Data Underlying Expert Opinion

Hearsay

  • Definitions

  • Hearsay Rule

  • Hearsay Exceptions - Availability of Declarant Immaterial

  • Statements by Certain Children Regarding Physical or Sexual Abuse - Admissibility

  • Renumbered as 12 O.S. § 2611.2 by Laws 1999, SB 481, c. 108, § 1, eff. November 1, 1999

  • Hearsay Exception - Declarant Unavailable

  • Hearsay Exception - Exceptional Circumstances

  • Hearsay Within Hearsay

  • Attacking and Supporting Credibility of Declarant

Authentication and Identification

  • Requirement of Authentication or Identification

  • Self-Authentication

  • Subscribing Witness's Testimony Unnecessary

Contents of Writings, Recordings and Photographs

  • Definitions

  • Requirement of Original

  • Admissibility of Duplicates

  • Admissibility of Other Evidence of Contents

  • Public Records

  • Summaries

  • Testimony or Written Admission of Party

  • Functions of Judge and Jury

  • Medical Bills - Identification

  • Admissibility of Medical Expenses

  • Repealed

Admissibility of Evidence of Assemblage in Exercise of Free Speech or Display of Religious Beliefs

Rulings on Evidence Litigation Expertise

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