{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2611.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2611.2","heading":"Minor or incapacitated witnesses - Closing of testimony","body":"to public - Taking testimony outside courtroom - Meeting in chambers\n\nwith judge and attorneys - Presence of support person or therapeutic\n\ndog.\n\nA. It is the intent of the Legislature in enacting this section\n\nto provide the court with discretion to employ unusual court\n\nprocedures to protect the rights of incapacitated persons, while\n\nensuring the rights of a criminal defendant and the integrity of the\n\njudicial process.\n\nB. As used in this section:\n\n1. \"Support person\" means a parent, other relative or a next\n\nfriend chosen by the witness to accompany the witness to court\n\nproceedings;\n\n2. \"Incapacitated witness\" means any witness in a criminal\n\nproceeding that is a person who is defined as an incapacitated\n\nperson or vulnerable adult as such terms are defined by the\n\nprovisions of Section 10-103 of Title 43A of the Oklahoma Statutes;\n\nand\n\n3. \"Witness\" means incapacitated witness.\n\nC. The court, upon motion of counsel, shall conduct a hearing\n\nto determine whether the testimony of a witness shall be closed to\n\nthe public. In making the decision, the court shall consider:\n\n1. The nature and seriousness of the issues in the proceeding;\n\n2. The age of the witness;\n\n3. The relationship, if any, of the witness to the defendant;\n\n4. The extent to which the size of the community would preclude\n\nthe anonymity of the witness;\n\n5. The likelihood of public disgrace of the witness;\n\n6. Whether there is an overriding public interest in having the\n\ntestimony of the witness presented in open court;\n\n7. The substantial risk that the identity of the witness would\n\nbe disclosed to the public during the proceeding;\n\n8. The substantial probability that the disclosure of the\n\nidentity of the witness would cause serious harm to the witness;\n\n9. Whether the witness has disclosed information concerning the\n\ncase to the public in a manner which would preclude anonymity of the\n\nwitness; and\n\n10. Other factors the court may deem necessary to protect the\n\ninterests of justice.\n\nD. If the court determines that the testimony of the witness is\n\nto be closed to the public, the court shall in its order accordingly\n\nand set forth the persons who can be present during the taking of\n\ntestimony of the witness, which shall include:\n\n1. The parties to the proceeding and their counsel;\n\n2. Any officer having custody of the witness;\n\n3. Court personnel as may be necessary to conduct the hearing\n\nand maintain order, including but not limited to the judge, the\n\ncourt clerk, the bailiff, and the court reporter;\n\n4. Jury members, if appropriate; and\n\n5. The witness and a support person for the witness.\n\nE. The testimony of the witness may be taken in the courtroom,\n\nin chambers, or in some other comfortable place. If the testimony\n\nof a witness is to be taken in a courtroom, the witness and support\n\nperson shall be assembled in the court chambers prior to the taking\n\nof the testimony to meet for a reasonable period of time with the\n\njudge, and counsel for the parties. At this meeting court\n\nprocedures shall be explained to the witness and counsel shall be\n\ngiven an opportunity to establish a rapport with the witness to\n\nfacilitate taking the testimony of the witness at a later time. The\n\nfacts involved in the proceeding shall not be discussed with the\n\nwitness during this meeting.\n\nF. A witness shall have the right to be accompanied by a\n\nsupport person while giving testimony in the proceeding, but the\n\nsupport person shall not discuss the testimony of the witness with\n\nany other witnesses or attempt to prompt or influence the testimony\n\nof the witness in any way. In lieu of a support person, a witness\n\nshall be afforded the opportunity to have a certified therapeutic\n\ndog accompanied by the handler of the certified therapeutic dog\n\npursuant to the provisions set forth in Section 1 of this act.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6e4ba2c9a686ad83e09b4b865a779babbe533e39baf7f1ef71f9ba856a1c45f2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2611.12","next":"us-ok/okla.-stat.-tit.-12-12-2611.3"},"notice":"GroundRules: Original legal text. Not legal advice."}