Scope of Rules - Tulsa Trial Attorneys

Client Reviews From Scope of Rules Cases

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Scope of Rules

Except as otherwise provided in the below subsection, this Code shall apply in both criminal and civil proceedings, conducted by or under the supervision of a court, in which evidence is produced.

The rules set forth in this Code, other than those applicable to a valid claim of privilege, do not apply in the following situations:

1. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the judge under subsection A of Section 2105 of this title; and

2. Proceedings for extradition or rendition; sentencing or granting or revoking probation; advancement of deferred judgment; issuance of warrants for arrest, criminal summonses and search warrants; proceedings with respect to release on bail or otherwise; and juvenile emergency show-cause hearings. 12 O.S. 2103

General Provisions

• Legislative Purpose

• Scope of Rules

• Rulings on Evidence

• Preliminary Questions

• Limited Admissibility

• Remainder of Part of Record

Judicial Notice

• Judicial Notice of Law

• Judicial Notice of Adjudicative Facts

• Determining Propriety of Taking Judicial Notice

Presumptions

• Establishment of Basic Fact

• Effect of Presumptions in Civil Cases

• Presumptions in Criminal Cases

• Inconsistent Presumptions

Relevance

• Relevant Evidence Generally Admissible - Irrelevant Evidence Inadmissible

• Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion or Cumulative Nature of Evidence

• Character Evidence Not Admissible to Prove Conduct

• Methods of Proving Character

• Habit - Routine Practice

• Subsequent Remedial Measures

• Compromise and Offers to Compromise

• Payment of Medical and Similar Expenses

• Offer to Plead Guilty - Nolo Contendere - Withdrawn Plea of Guilty

• Liability Insurance

• Sexual Offense Against Another Person - Evidence of Complaining Witness’s Previous Sexual Conduct Inadmissible - Exception

• Evidence of Commission of Other Sexual Assault Offense - Admissibility - Disclosures by Prosecutor

• Evidence of Commission of Other Child Molestation Offense - Admissibility - Disclosures by Prosecutor

Privilege

• Privileges Recognized Only as Provided

• Attorney-Client Privilege

• Accountant-Client Privilege

• Physician- and Psychotherapist-Patient Privilege

• Interpreter for the Deaf

• Husband Wife Privilege

• Religious Privilege

• Journalist's Privilege

• Renumbered as 12 O.S. § 2503.1 by Laws 2002, HB 1939, c. 468, § 78, eff. November 1, 2002

• Peer Support Counseling Privilege

• Political Vote

• Trade Secrets

• Secrets of State and Other Official Information; Governmental Privileges

• Identity of Informer

• Crime Stoppers Organization

• Waiver of Privilege by Voluntary Disclosure

• Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege

• Comment Upon or Inference From Claim of Privilege - Instruction

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

Scope of Rules Litigation Expertise

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