Oklahoma Witness Need Not be Believed is a legal concept that applies to civil cases in the state of Oklahoma. This concept holds that certain types of witnesses may not be believed in a court of law, and their testimony can be disregarded. There are three types of witnesses to which this concept applies: (1) parties to the action, (2) persons who are related to the parties or who have an interest in the outcome of the case, and (3) persons who have an interest in the proceeds of the case or the subject of the case. This concept does not apply to witnesses who are not related to the parties or do not have an interest in the outcome. All other witnesses may still be believed in a court of law, as long as their testimony is credible.
Oklahoma Witness Need Not be Believed
State:
Oklahoma
Control #:
OK-JURY-3-15-CV
Format:
Word
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Witness Need Not be Believed
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FAQ
Any person who willfully prevents or attempts to prevent any person from giving testimony or producing any record, document, or other object in any sworn proceeding including a deposition, police report, juvenile court, or a report of child abuse or neglect is intimidating a witness.
It provides: "'Hearsay' is 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."
It is important to understand that written documents can also be hearsay. If you try to put into evidence a document claiming X, but I cannot cross examine the person who created the document, then the very same issues involving an out of court ?statement? described above are created.
Unfortunately, police reports are typically not admissible evidence in court. The court considers police reports hearsay, as the officers who write these reports did not actually witness the accidents. However, police reports can give you some leverage in a settlement before you transition your case to court.
The hearsay rule does not apply when evidence is offered for notice rather than truth. Police reports are often inadmissible, but not always. Under proper conditions, statements in a police report can be admissible evidence.
Rule 804(b)(1) creates a hearsay exception for former testimony given at an earlier trial or hearing, or in a deposition, if the witness has become unavailable, and the party against whom it is offered had an opportunity and similar motive to question the declarant at the earlier proceeding.
Hearsay is not admissible except as otherwise provided by an act of the Legislature. Added by Laws 1978, c. 285, § 802, eff.