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Oklahoma Statutes

Okla. Stat. tit. 12, § 2802 (2026)

Hearsay rule

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Hearsay is not admissible except as otherwise provided by an act of the Legislature. Added by Laws 1978, c. 285, § 802, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 58, eff. Nov. 1, 2002.

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1984–2024 · leading case: State ex rel. Oklahoma Bar Ass'n v. Faulk, 2021 OK 46, 496 P.3d 612.
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State ex rel. Oklahoma Bar Ass'n v. Faulk, 2021 OK 46, 496 P.3d 612. · cites it 3× “12 O.S.2011 § 2802. Title 12, section 2803 of the Oklahoma Statutes sets out these exceptions.”
Davis v. State, 2018 OK CR 7, 419 P.3d 271. “Professor Whinery opined in his commentaries on Oklahoma evidence that the Legislature's amendment of Section 2801 was expected to supersede Hill and its progeny but that the Legislature's adoption of the original version of Section 2802 stating that hearsay is not admissible…”
Ashton v. State, 2017 OK CR 15, 400 P.3d 887. “3d 362, 370 (quoting 12 O.S.2001, § 2802). Hearsay within hearsay is only admissible “if each part of the combined .”
Smallwood v. State, 907 P.2d 217 (Okla. Crim. App. 1995). “12 O.S.1991, § 2802. The “excited utterance” exception to the rule allows admission of [a] statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.”
Rawlings v. State, 740 P.2d 153 (Okla. Crim. App. 1987). “Hearsay is not admissible except as provided by law, 12 O.S.1981, § 2802. One provision of the law permitting admission of hearsay statements is the “excited utterance” exception, 12 O.”
Jones v. State, 738 P.2d 525 (Okla. Crim. App. 1987). “On the basis of the foregoing, the statements constituted inadmissible hearsay under 12 O.S.1981, § 2802, and denied appellant his rights of confrontation and cross-examination on a critical issue.”
Kelly v. State, 692 P.2d 563 (Okla. Crim. App. 1984). “- 12 O.S.1981, § 2802, and the admission of it denied the appellant his rights of confrontation and cross-examination on a critical issue.”
Funkhouser v. State, 734 P.2d 815 (Okla. Crim. App. 1987). “12 O.S.1981, § 2802. According to the record, this article was first identified and discussed during the testimony of Shellie Rollins.”
Kennedy v. State, 839 P.2d 667 (Okla. Crim. App. 1992). “See 12 O.S.1981, § 2802. One provision of the law permitting admission of hearsay statements is the “statements for purposes of medical diagnosis or treatment” exception.”
Griffith v. State, 734 P.2d 303 (Okla. Crim. App. 1987). “” 12 O.S.1981, § 2802. One provision of the law permitting admission of hearsay statements is the so-called “excited utterance” exception, which states: The following are not excluded by the hearsay rule, even though the declarant is available as a witness: ****** 2.”
Ashton v. State, 2017 OK CR 15. · cites it 2× “3d 362, 370 ( quoting 12 O.S.2001, § 2802). Hearsay within hearsay is only admissible "if each part of the combined statements conforms with an exception to the hearsay rule provided in [the Evidence] Code.”
Jackson v. State, 2024 OK CR 11, 548 P.3d 473. · cites it 2× “12 O.S.2011, § 2802. Statements of non-testifying persons, not offered to prove the truth of the matter asserted therein, are not barred by the hearsay rule.”
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