Navigating Out-of-State Testimony in Custody Cases
Hello, I’m OKC child custody attorney Dillan Savage of Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area.
Today, we’re discussing how to take testimony from individuals located in another state during a child custody proceeding in Oklahoma.
The Legal Framework for Out-of-State Testimony
Under Oklahoma law, parties can testify for out-of-state witnesses through depositions or other legally approved methods. This includes not only general witnesses but also the other party or even the minor child, depending on the circumstances.
The court may, on its motion, order that testimony be taken from someone in another state and specify how it should be done — whether via deposition, recorded testimony, or another court-approved method.
Electronic Testimony and Evidence
Additionally, courts may allow individuals in other states to testify via telephone, video conference, or other electronic means. They may also coordinate with courts in the witness’s state to determine appropriate locations for testimony or depositions to take place.
It’s not just testimony that can cross state lines — documentary evidence can as well. If a document is sent electronically from another state and results in a non-original copy, it should not be excluded solely because it’s not the original, as long as it complies with Oklahoma law.
Importance of Legal Compliance
That said, strict adherence to the relevant statute is essential to avoid having your evidence excluded. The governing statute for this process is Title 43, Section 551-111, titled Taking Testimony in Another State.
To summarize:
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- You can depose out-of-state parties, witnesses, and even the child.
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- Testimony can be recorded or presented live via electronic means.
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- Documentary evidence transmitted electronically can be admissible.
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- Always follow the statute closely to preserve the admissibility of your evidence.
Contact Us for a Low-Cost Consultation
If you found this video to be helpful or you believe it could help someone else, please go to theoklahomacityattorney.com. Again, I’m Oklahoma City family attorney Dillan Savage, and thank you for watching. For a low-cost consultation, feel free to call us at 405-888-5400.
