{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2803","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2803","heading":"Hearsay exceptions - Availability of declarant","body":"immaterial.\n\nThe following are not excluded by the hearsay rule, even though\n\nthe declarant is available as a witness:\n\n1. A statement describing or explaining an event or condition\n\nmade while the declarant was perceiving the event or condition, or\n\nimmediately thereafter;\n\n2. A statement relating to a startling event or condition made\n\nwhile the declarant was under the stress of excitement caused by the\n\nevent or condition;\n\n3. A statement of the declarant's then existing state of mind,\n\nemotion, sensation or physical condition, such as intent, plan,\n\nmotive, design, mental feeling, pain and bodily health, but not\n\nincluding a statement of memory or belief to prove the fact\n\nremembered or believed unless it relates to the execution,\n\nrevocation, identification or terms of declarant's will;\n\n4. Statements made for purposes of medical diagnosis or\n\ntreatment and describing medical history, or past or present\n\nsymptoms, pain or sensations, if reasonably pertinent to diagnosis\n\nor treatment;\n\n5. A record concerning a matter about which a witness once had\n\nknowledge but now has insufficient recollection to testify fully and\n\naccurately, shown to have been made or adopted by the witness when\n\nthe matter was fresh in the witness’s memory and to reflect that\n\nknowledge correctly. The record may be read into evidence but may\n\nnot itself be received as an exhibit unless offered by an adverse\n\nparty;\n\n6. A record of acts, events, conditions, opinions or diagnosis,\n\nmade at or near the time by or from information transmitted by a\n\nperson with knowledge, if kept in the course of a regularly\n\nconducted business activity, and if it was the regular practice of\n\nthat business activity to make the record, all as shown by the\n\ntestimony of the custodian or other qualified witness, or by\n\ncertification that complies with paragraph 11 or 12 of Section 2902\n\nof this title, or with a statute providing for certification, unless\n\nthe source of information or the method or circumstances of\n\npreparation indicate lack of trustworthiness. The term \"business\"\n\nas used in this paragraph includes business, institution,\n\nassociation, profession, occupation and calling of every kind,\n\nwhether or not conducted for profit. A public record inadmissible\n\nunder paragraph 8 of this section is inadmissible under this\n\nexception;\n\n7. Evidence that a matter is not included in records kept in\n\naccordance with the provisions of paragraph 6 of this section, to\n\nprove the nonoccurrence or nonexistence of the matter, if the matter\n\nwas of a kind of which a record was regularly made and preserved, or\n\nby certification that complies with paragraph 11 or 12 of Section\n\n2902 of this title, or with a statute providing for certification,\n\nunless the sources of information or other circumstances indicate\n\nlack of trustworthiness;\n\n8. To the extent not otherwise provided in this paragraph, a\n\nrecord of a public office or agency setting forth its regularly\n\nconducted and regularly recorded activities or matters observed\n\npursuant to duty imposed by law and as to which there was a duty to\n\nreport, or factual finding resulting from an investigation made\n\npursuant to authority granted by law. The following are not within\n\nthis exception to the hearsay rule:\n\na. investigative reports by police and other law\n\nenforcement personnel,\n\nb. investigative reports prepared by or for a government,\n\na public office or agency when offered by it in a case\n\nin which it is a party,\n\nc. factual findings offered by the government in criminal\n\ncases,\n\nd. factual findings resulting from special investigation\n\nof a particular complaint, case or incident, or\n\ne. any matter as to which the sources of information or\n\nother circumstances indicate lack of trustworthiness;\n\n9. Records of births, fetal deaths, deaths or marriages, if the\nctual findings offered by the government in criminal\n\ncases,\n\nd. factual findings resulting from special investigation\n\nof a particular complaint, case or incident, or\n\ne. any matter as to which the sources of information or\n\nother circumstances indicate lack of trustworthiness;\n\n9. Records of births, fetal deaths, deaths or marriages, if the\n\nreport thereof was made to a public office pursuant to statutory\n\nrequirements;\n\n10. To prove the absence of a record or the nonoccurrence or\n\nnonexistence of a matter of which a record was regularly made and\n\npreserved by a public office or agency, evidence in the form of a\n\ncertification in accordance with Section 2903 of this title, or\n\ntestimony, that diligent search failed to disclose the record or\n\nentry;\n\n11. Statements of births, marriages, divorces, deaths,\n\nlegitimacy, ancestry, relationship by blood or marriage or other\n\nsimilar facts of personal or family history contained in a regularly\n\nkept record of a religious organization;\n\n12. Statements of fact contained in a certified record that the\n\nmaker performed a marriage or other ceremony or administered a\n\nsacrament, made by a cleric, public official or other person\n\nauthorized by the rules or practices of a religious organization or\n\nby law to perform the act certified and purporting to have been\n\nissued at the time of the act or within a reasonable time\n\nthereafter;\n\n13. Statements of fact concerning personal or family history\n\nincluding those contained in family Bibles, genealogy, charts,\n\nengravings on rings, inscriptions on family portraits, engravings on\n\nurns, crypts or tombstones, or the like;\n\n14. A public record purporting to establish or affect an\n\ninterest in property, as proof of the content of the original\n\nrecorded document and its execution and delivery by each person by\n\nwhom it purports to have been executed and delivered;\n\n15. A statement contained in a record purporting to establish\n\nor affect an interest in property if the matter stated was relevant\n\nto the purpose of the record unless dealings with the property since\n\nthe record was made have been inconsistent with the truth of the\n\nstatement or the purport of the record;\n\n16. Statements in a record in existence twenty (20) years or\n\nmore, the authenticity of which is established;\n\n17. Market quotations, tabulations, lists, directories or other\n\npublished or publicly recorded compilations generally used and\n\nrelied upon by the public or by persons in particular occupations;\n\n18. To the extent called to the attention of an expert witness\n\nupon cross-examination or relied upon by the witness in direct\n\nexamination, statements contained in published treatises,\n\nperiodicals or pamphlets on a subject of history, medicine or other\n\nscience or art, established as a reliable authority by the testimony\n\nor admission of the witness or by other expert testimony or by\n\njudicial notice. If admitted, the statements may be read into\n\nevidence but may not be received as exhibits;\n\n19. Reputation among members of an individual’s family by\n\nblood, adoption or marriage, or among the individual’s associates,\n\nor in the community, concerning a person's birth, adoption,\n\nmarriage, divorce, death, legitimacy, relationship by blood,\n\nadoption or marriage, ancestry or other similar fact of the\n\nindividual’s personal or family history;\n\n20. Reputation in a community, arising before the controversy,\n\nas to boundaries of or customs affecting lands in the community and\n\nreputation as to events of general history important to the\n\ncommunity or state or nation in which located;\n\n21. Reputation of a person's character among the person’s\n\nassociates or in the community;\n\n22. Evidence of a final judgment, but not upon a plea of nolo\n\ncontendere, adjudging a person guilty of a crime punishable by death\n\nor imprisonment in excess of one (1) year, to prove any fact\nand\n\nreputation as to events of general history important to the\n\ncommunity or state or nation in which located;\n\n21. Reputation of a person's character among the person’s\n\nassociates or in the community;\n\n22. Evidence of a final judgment, but not upon a plea of nolo\n\ncontendere, adjudging a person guilty of a crime punishable by death\n\nor imprisonment in excess of one (1) year, to prove any fact\n\nessential to sustain the judgment, but not including, when offered\n\nby the state in a criminal prosecution for purposes other than\n\nimpeachment, judgments against persons other than the accused. The\n\npendency of an appeal may be shown but does not affect\n\nadmissibility;\n\n23. Judgments as proof of matters of personal, family or\n\ngeneral history, or boundaries, essential to the judgment, if the\n\nmatter would be provable by evidence of reputation; or\n\n24. A verified or declared written medical report signed by a\n\nphysician, provided:\n\na. the report is used in an action not arising out of\n\ncontract in which the claim of the plaintiff is not in\n\nexcess of Twenty-five Thousand Dollars ($25,000.00),\n\nb. the report contains a history of the plaintiff, the\n\ncomplaints of the plaintiff, the physician’s findings\n\non examination, and any diagnostic tests, description\n\nand cause of the injury, and the nature and extent of\n\nany permanent impairment. All opinions expressed in\n\nthe report must be based upon a reasonable degree of\n\nmedical probability, and\n\nc. the medical report must be verified or contain a\n\nwritten declaration, made under the penalty of\n\nperjury, that the report is true.","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":"7678054f47ec2bf696b20a5cc8a26a8f2bcf8969753c912085e6eacc707920df","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2802","next":"us-ok/okla.-stat.-tit.-12-12-2803.1"},"notice":"GroundRules: Original legal text. Not legal advice."}