Davis v. Davis

IRWIN, Justice:

Presently, the law in Oklahoma is that if an adverse party deposes a party, incompetent to testify under 12 O.S.1971 § 384 [Oklahoma’s Dead Man’s Statute], the adverse party waives the incompetency of the deposed party and the protection afforded by the statute. Dean v. Jelsma, Okl., 316 P.2d 599 (1957), cert. den., 355 U.S. 954, 78 S.Ct. 539, 2 L.Ed.2d 530 (1958), reh. den., 356 U.S. 928, 78 S.Ct. 714, 2 L.Ed.2d 759 (1958). Also see Cox v. Gettys, 53 Okl. 58, 156 P. 892 (1916). In the instant case the Court of Appeals followed the above rule of law. On certiorari, appellee…