reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2056. Motions for summary judgment.

A. BY A CLAIMING PARTY. A party claiming relief may move, with or without supporting affidavits, for summary judgment on all or part of the claim. The motion may be filed at any time after twenty (20) days have passed from commencement of the action or the opposing party serves a motion for summary judgment.
B. BY A DEFENDING PARTY. A party against whom relief is sought may move at any time, with or without supporting affidavits, for summary judgment on all or part of the claim.
C. PROCEEDINGS. The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.
D. CASE NOT FULLY ADJUDICATED ON THE MOTION. If summary judgment is not rendered on the whole action, the court should, to the extent practicable, determine what material facts are not genuinely at issue. The court should so determine by examining the pleadings and evidence before it and by interrogating the attorneys. It should then issue an order specifying what facts, including items of damages or other relief, are not genuinely at issue. The facts so specified must be treated as established in the action. An interlocutory summary judgment may be rendered on liability alone, even if there is a genuine issue on the amount of damages.
E. AFFIDAVITS AND FURTHER TESTIMONY. A supporting or opposing affidavit must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. If a paper or part of a paper is referred to in an affidavit, a sworn or certified copy must be attached to or served with the affidavit. The court may permit an affidavit to be supplemented or opposed by depositions, answers to interrogatories, or additional affidavits. When a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must, by affidavits or as otherwise provided in this rule, set out specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment should, if appropriate, be entered against that party.
F. WHEN AFFIDAVITS ARE UNAVAILABLE. If a party opposing the motion shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may deny the motion, order a continuance to enable affidavits to be obtained, depositions to be taken, or other discovery to be undertaken or issue any other just order.
G. AFFIDAVITS SUBMITTED IN BAD FAITH. If satisfied that an affidavit under this rule is submitted in bad faith or solely for delay, the court must order the submitting party to pay the other party the reasonable expenses, including attorney fees, it incurred as a result. An offending party or attorney may also be held in contempt.
Added by Laws 2009, c. 228, § 17, eff. Nov. 1, 2009. Amended by Laws 2011, c. 13, § 2, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2102. Legislative purpose.

This Code shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
Added by Laws 1978, c. 285, § 102, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2103. Scope of rules.

A. Except as otherwise provided in subsection B of this section, this Code shall apply in both criminal and civil proceedings, conducted by or under the supervision of a court, in which evidence is produced.
B. The rules set forth in this Code, other than those applicable to a valid claim of privilege, do not apply in the following situations:
1. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the judge under subsection A of Section 2105 of this title; and
2. Proceedings for extradition or rendition; sentencing or granting or revoking probation; advancement of deferred judgment; issuance of warrants for arrest, criminal summonses and search warrants; proceedings with respect to release on bail or otherwise; and juvenile emergency show-cause hearings.
Added by Laws 1978, c. 285, § 103, eff. Oct. 1, 1978. Amended by Laws 1986, c. 240, § 1, eff. Nov. 1, 1986; Laws 2002, c. 468, § 24, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2104. Rulings on evidence.

A. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of a party is affected, and:
1. If the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or
2. If the ruling is one excluding evidence, the substance of the evidence was made known to the judge by offer or was apparent from the context within which questions were asked.
B. The court may add any statement which shows the character of the evidence, the form in which it was offered, the objection made and the ruling thereon. It may direct the making of an offer in question and answer form.
C. In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being presented to the jury by any means, including making statements or offers of proof or asking questions within the hearing of the jury.
D. Nothing in this section precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.
Added by Laws 1978, c. 285, § 104, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2105. Preliminary questions.

A. Preliminary questions concerning the qualifications of a person to be a witness, the existence of a privilege or the admissibility of evidence shall be determined by the court, subject to the provisions of subsections B and C of this section.
B. A person claiming a privilege must prove that the conditions prerequisite to the existence of the privilege are more probably true than not. A person claiming an exception to a privilege must prove that the conditions prerequisite to the applicability of the exception are more probably true than not. If there is a factual basis to support a good faith belief that a review of the allegedly privileged material is necessary, the court, in making its determination, may review the material outside the presence of any other person.
C. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the judge shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
D. Hearings on the admissibility of confessions shall be conducted in all cases out of the hearing of the jury. Hearings on other preliminary matters shall also be conducted out of the hearing of the jury when the interests of justice require or when requested by an accused who is a witness.
E. The accused does not subject himself to cross-examination on other issues in the case by testifying upon a preliminary matter.
F. This section does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.
Added by Laws 1978, c. 285, § 105, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 25, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2106. Limited admissibility.

When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court shall upon request restrict the evidence to its proper scope and instruct the jury accordingly.
Added by Laws 1978, c. 285, § 106, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2107. Remainder of record.

When a record or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other record that should in fairness be considered contemporaneously with it.
Added by Laws 1978, c. 285, § 107, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 26, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2201. Judicial notice of law.

A. Judicial notice shall be taken by the court of the common law, constitutions and public statutes in force in every state, territory and jurisdiction of the United States.
B. Judicial notice may be taken by the court of:
1. Private acts and resolutions of the Congress of the United States and of the Legislature of this state, and duly enacted ordinances and duly published regulations of governmental subdivisions or agencies of this state or the United States; and
2. The laws of foreign countries.
C. The determination by judicial notice of the applicability and the tenor of any matter of common law, constitutional law or of any statute, private act, resolution, ordinance or regulation shall be a matter for the judge and not for the jury.
Added by Laws 1978, c. 285, § 201, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2202. Judicial notice of adjudicative facts.

A. This section governs only judicial notice of adjudicative facts.
B. A judicially noticed adjudicative fact shall not be subject to reasonable dispute in that it is either:
1. Generally known within the territorial jurisdiction of the trial court; or
2. Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
C. A court may take judicial notice, whether requested or not.
D. A court shall take judicial notice if requested by a party and supplied with the necessary information.
E. In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.
Added by Laws 1978, c. 285, § 202, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 27, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2203. Determining propriety of taking judicial notice.

A. In determining the propriety of taking judicial notice of a matter:
1. The court may consult and use any source of pertinent information, whether or not furnished by a party; and
2. No exclusionary rule except a valid claim of privilege shall apply.
B. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the scope of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.
C. Judicial notice may be taken at any stage of the proceeding.
Added by Laws 1978, c. 285, § 203, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2301. Definitions.

As used in this Code:
1. A "presumption" means a rule of procedure that when a basic fact exists the existence of another fact must be assumed, whether or not the basic fact has any probative value of the existence of the assumed fact;
2. "Basic fact" means the fact or group of facts giving rise to a presumption;
3. "Presumed fact" means the fact which must be assumed; and
4. "Inconsistent presumptions" means the presumed fact of one presumption is inconsistent with the presumed fact of another presumption.
Added by Laws 1978, c. 285, § 301, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 28, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2303. Effect of presumptions in civil cases.

Except when otherwise provided by law, when the basic fact of a presumption has been established as provided in Section 302 of this Code:
1. If the basic fact has any probative value of the existence of the presumed fact, the presumed fact shall be assumed to exist and the burden of persuading the trier of fact of the nonexistence of the presumed fact rests on the party against whom the presumption operates; or
2. If the basic fact does not have any probative value of the existence of the presumed fact, the presumed fact is disregarded when the party against whom the presumption operates introduces evidence which would support a finding of the nonexistence of the presumed fact and the existence of the fact otherwise presumed is then determined from the evidence in the same manner as if no presumption had been operable in the case.
Added by Laws 1978, c. 285, § 303, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2304. Presumptions in criminal cases.

A. Except as otherwise provided by act of the Legislature, this statute governs presumptions against an accused, in a criminal case, recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt.
B. The court shall not direct the jury to find a presumed fact against an accused. If a presumed fact establishes guilt, is an element of the offense, or negates a defense, the court may submit the question of guilt or of the existence of the presumed fact to the jury, if a reasonable juror considering the evidence as a whole, including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt. If the presumed fact has a lesser effect, its existence may be submitted to the jury if the basic facts are supported by substantial evidence, or are otherwise established, unless the evidence as a whole negates the existence of the presumed fact.
C. Whenever the existence of a presumed fact against the accused establishes guilt or is an element of the offense or negatives a defense and is submitted to the jury, the judge shall give an instruction explaining that the jury may regard the basic facts as sufficient evidence of the presumed fact but is not required to do so. Where the presumed fact establishes guilt, is an element of the offense or negatives a defense, the judge also shall instruct the jury that its existence, on all the evidence, must be proved beyond a reasonable doubt.
Added by Laws 1978, c. 285, § 304, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 29, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2305. Inconsistent presumptions.

If two conflicting presumptions arise the court shall apply the presumption which is founded on the weightier considerations of policy and logic. If there is no such preponderance both presumptions shall be disregarded.
Added by Laws 1978, c. 285, § 305, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2402. Relevant evidence generally admissible - Irrelevant evidence inadmissible.

All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, the Constitution of the State of Oklahoma, by statute or by this Code. Evidence which is not relevant is not admissible.
Added by Laws 1978, c. 285, § 402, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2403. Exclusion of relevant evidence on grounds of prejudice, confusion or cumulative nature of evidence.

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, needless presentation of cumulative evidence, or unfair and harmful surprise. However, in a prosecution for any criminal homicide, an appropriate photograph of the victim while alive shall be admissible evidence when offered by the district attorney to show the general appearance and condition of the victim while alive.
Added by Laws 1978, c. 285, § 403, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 30, eff. Nov. 1, 2002; Laws 2003, c. 3, § 15, emerg. eff. March 19, 2003.
NOTE: Laws 2002, c. 128, § 1 repealed by Laws 2003, c. 3, § 16, emerg. eff. March 19, 2003.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2404. Character evidence not admissible to prove conduct - Exceptions - Other crimes.

A. Evidence of a person's character or a trait of his character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:
1. Evidence of a pertinent trait of character offered by an accused or by the prosecution to rebut the same;
2. Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor; or
3. Evidence of the character of a witness, as provided in Sections 2607, 2608 and 2609 of this Code.
B. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.
Added by Laws 1978, c. 285, § 404, eff. Oct. 1, 1978. Amended by Laws 1991, c. 62, § 1, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2405. Methods of proving character.

A. Where evidence of a person's character or trait of character is admissible, proof may be by testimony as to reputation or by testimony in the form of opinion. Inquiry is allowable on cross-examination into relevant specific instances of conduct.
B. In cases in which a person's character or a trait of character is an essential element of a charge, claim or defense, proof may be made of specific instances of his conduct.
Added by Laws 1978, c. 285, § 405, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2406. Habit - Routine practice.

Evidence of a person's habit or of an organization's routine practice, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
Added by Laws 1978, c. 285, § 406, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2407. Subsequent remedial measures.

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligence, culpable conduct, a defect in a product or its design or a need for a warning or instruction. However, a court may admit such evidence for another purpose, such as impeachment or, if disputed, proving ownership, control, or feasibility of precautionary measures.
Added by Laws 1978, c. 285, § 407, eff. Oct. 1, 1978. Amended by Laws 1991, c. 62, § 2, eff. Sept. 1, 1991; Laws 2012, c. 99, § 1, eff. July 1, 2012.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2408. Compromise and offers to compromise.

Evidence of:
1. Furnishing, offering or promising to furnish; or
2. Accepting, offering or promising to accept,
a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount is not admissible to prove liability for the claim, invalidity of the claim or the amount of the claim.
Evidence of conduct or statements made in compromise negotiations is not admissible. This section does not require the exclusion of discoverable evidence merely because it is revealed in the course of compromise negotiations. This section does not require exclusion of evidence when it is offered for another purpose, including proof of bias or prejudice of a witness, negativing a contention of undue delay, or proof of an effort to obstruct a criminal investigation or prosecution.
Added by Laws 1978, c. 285, § 408, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2410. Pleas and plea discussions - Admissibility of evidence.

A. Except as otherwise provided in this section evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the plea discussions:
1. A plea of guilty which was later withdrawn;
2. A plea of nolo contendere;
3. Any statement made in the course of any proceedings under state procedure regarding either of the foregoing pleas; or
4. Any statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty which is later withdrawn.
B. However, such a statement is admissible in:
1. Any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement, as a matter of justice, should be considered contemporaneously with it; or
2. A criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record and in the presence of counsel.
Added by Laws 1978, c. 285, § 410, eff. Oct. 1, 1978. Amended by Laws 1991, c. 62, § 3, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2411. Liability insurance.

Evidence of the existence of liability insurance is not admissible upon the issue of negligence or wrongful action. This section does not require the exclusion of evidence of liability insurance where the question of possession of liability insurance is itself an element of the action, or when offered for another purpose, including proof of agency, ownership, control, bias or prejudice of a witness.
Added by Laws 1978, c. 285, § 411, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2411.1. Short title - Act Concerning Interpretation of Oklahoma Insurance Laws.

A. This act shall be known and may be cited as the "Act Concerning Interpretation of Oklahoma Insurance Laws".
B. A statement or restatement of the law of insurance in any legal treatise, scholarly publication, textbook or other explanatory text shall not constitute the law or public policy of this state and shall not be authoritative if the statement of the law purports to create, eliminate, expand or restrict a cause of action, right or remedy, or if it conflicts with:
1. The Constitution of the United States or the Constitution of the State of Oklahoma;
2. A statute of this state;
3. Case law precedent of this state;
4. Other common law adopted by this state; or
5. Creates or eliminates any cause of action or legal remedy.
Added by Laws 2021, c. 49, § 1, emerg. eff. April 19, 2021.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2412. Sexual offense against another person - Evidence of other sexual behavior inadmissible - Exceptions.

A. In a criminal case in which a person is accused of a sexual offense against another person, the following is not admissible:
1. Evidence of reputation or opinion regarding other sexual behavior of a victim or the sexual offense alleged.
2. Evidence of specific instances of sexual behavior of an alleged victim with persons other than the accused offered on the issue of whether the alleged victim consented to the sexual behavior with respect to the sexual offense alleged.
B. The provisions of subsection A of this section do not require the exclusion of evidence of:
1. Specific instances of sexual behavior if offered for a purpose other than the issue of consent, including proof of the source of semen, pregnancy, disease or injury;
2. False allegations of sexual offenses; or
3. Similar sexual acts in the presence of the accused with persons other than the accused which occurs at the time of the event giving rise to the sexual offense alleged.
C. 1. If the defendant intends to offer evidence described in subsection B of this section, the defendant shall file a written motion to offer such evidence accompanied by an offer of proof not later than fifteen (15) days before the date on which the trial in which such evidence is to be offered is scheduled to begin, except that the court may allow the motion to be made at a later date, including during trial, if the court determines either that the evidence is newly discovered and could not have been obtained earlier through the exercise of due diligence or that the issue to which such evidence relates has newly arisen in the case. Any motion made under this paragraph shall be served on all other parties by counsel for the defendant and on the alleged victim by the district attorney.
2. If the court determines that the motion and offer of proof described in paragraph 1 of this subsection contains evidence described in subsection B of this section, the court may order an in-camera hearing to determine whether the proffered evidence is admissible under subsection B of this section.
Added by Laws 1975, c. 19, § 1. Renumbered from Section 750 of Title 22 by Laws 1992, c. 168, § 1, eff. Sept. 1, 1992. Amended by Laws 1993, c. 197, § 1, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2413. Sexual assault offense - Commission of other offenses admissible - Definition.

A. In a criminal case in which the defendant is accused of an offense of sexual assault, evidence of the defendant's commission of another offense or offenses of sexual assault is admissible, and may be considered for its bearing on any matter to which it is relevant.
B. In a case in which the state intends to offer evidence under this rule, the attorney for the state shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen (15) days before the scheduled date of trial or at such later time as the court may allow for good cause.
C. This rule shall not be construed to limit the admission or consideration of evidence under any other rule.
D. For purposes of this rule, "offense of sexual assault" means a crime under federal law or the laws of this state that involve:
1. Any conduct proscribed by Sections 1111 through 1125 of Title 21 of the Oklahoma Statutes;
2. Contact, without consent, between any part of the defendant's body or an object and the genitals or anus of another person;
3. Contact, without consent, between the genitals or anus of the defendant and any part of another person's body;
4. Deriving sexual pleasure or gratification from the infliction of death, bodily injury, emotional distress, or physical pain on another person; or
5. An attempt or conspiracy to engage in conduct described in paragraphs 1 through 4 of this subsection.
Added by Laws 2007, c. 76, § 1, emerg. eff. April 30, 2007.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2414. Child molestation offense - Commission of other offenses admissible - Definitions.

A. In a criminal case in which the defendant is accused of an offense of child molestation, evidence of the defendant's commission of another offense or offenses of child molestation is admissible, and may be considered for its bearing on any matter to which it is relevant.
B. In a case in which the state intends to offer evidence under this rule, the attorney for the state shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen (15) days before the scheduled date of trial or at such later time as the court may allow for good cause.
C. This rule shall not be construed to limit the admission or consideration of evidence under any other rule.
D. For purposes of this rule, "child" means a person below the age of sixteen (16), and "offense of child molestation" means a crime under federal law or the laws of this state that involve:
1. Any conduct proscribed by Sections 1111 through 1125 of Title 21 of the Oklahoma Statutes, that was committed in relation to a child;
2. Contact between any part of the defendant's body or an object and the genitals or anus of a child;
3. Contact between the genitals or anus of the defendant and any part of the body of a child;
4. Deriving sexual pleasure or gratification from the infliction of death, bodily injury, emotional distress, or physical pain on a child; or
5. An attempt or conspiracy to engage in conduct described in paragraphs 1 through 4 of this subsection.
Added by Laws 2007, c. 76, § 2, emerg. eff. April 30, 2007. Amended by Laws 2008, c. 347, § 1, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2501. Privileges recognized only as provided.

Except as otherwise provided by constitution, statute or rules promulgated by the Supreme Court no person has a privilege to:
1. Refuse to be a witness;
2. Refuse to disclose any matter;
3. Refuse to produce any object or record; or
4. Prevent another from being a witness or disclosing any matter or producing any object or record.
Added by Laws 1978, c. 285, § 501, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 31, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2503.1. Interpreter for the Deaf or Hard-of-Hearing Privilege.

A. As used in this section:
1. An "interpreter" is a qualified legal interpreter for the deaf or hard-of-hearing, as defined by Section 2408 of Title 63 of the Oklahoma Statutes, or a spoken language interpreter for a Limited English Proficient (LEP) person;
2. A "deaf or hard-of-hearing person" is a person whose sense of hearing is nonfunctional for the ordinary purposes of life;
3. A "Limited English Proficient (LEP) person" is a person who cannot speak or easily understand English; and
4. A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
B. A person has a privilege to refuse to disclose and to prevent an interpreter from disclosing such person's confidential communication made while such interpreter is acting in the capacity as an interpreter for persons who are deaf or hard-of-hearing or LEP.
C. The privilege may be claimed by the interpreter, by the LEP or deaf or hard-of-hearing person, by the guardian or conservator of the LEP or deaf or hard-of-hearing person, or by the personal representative of the LEP or deaf or hard-of-hearing person if the LEP or deaf or hard-of-hearing person is deceased.
D. An interpreter who is employed to interpret, transliterate or relay a conversation between a person who can hear and speak English and a LEP or deaf or hard-of-hearing person is a conduit for the conversation and may not disclose or be compelled to disclose, through reporting or testimony, or by judicial process or subpoena, the contents of a confidential communication.
E. There is no privilege pursuant to this section for communications:
1. If the services of the interpreter were sought or obtained to enable or aid anyone to commit or plan to commit what the LEP or deaf or hard-of-hearing person knew, or reasonably should have known, to be a crime or fraud or physical injury to the LEP or deaf or hard-of-hearing person or another individual;
2. In which the LEP or deaf or hard-of-hearing person has expressed an intent to engage in conduct likely to result in imminent death or serious bodily injury to the LEP or deaf or hard-of-hearing person or another individual;
3. Relevant to an issue in a proceeding challenging the competency of the interpreter;
4. Relevant to a breach of duty by the interpreter; or
5. That are subject to a duty to disclose under statutory law.
Added by Laws 1993, c. 297, § 1, emerg. eff. June 7, 1993. Amended by Laws 2002, c. 468, § 37, eff. Nov. 1, 2002. Renumbered from § 2506.1 of this title by Laws 2002, c. 468, § 78, eff. Nov. 1, 2002. Amended by Laws 2005, c. 395, § 10, eff. Nov. 1, 2005; Laws 2023, c. 73, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2504. Husband-wife privilege.

A. A communication is confidential for purposes of this section if it is made privately by any person to the person’s spouse and is not intended for disclosure to any other person.
B. An accused in a criminal proceeding has a privilege to prevent the spouse of the accused from testifying as to any confidential communication between the accused and the spouse.
C. The privilege may be claimed by the accused or by the spouse on behalf of the accused. The authority of the spouse to do so is presumed.
D. There is no privilege under this section in a proceeding in which one spouse is charged with a crime against the person or property of:
1. The other;
2. A child of either;
3. A person residing in the household of either; or
4. A third person when the crime is committed in the course of committing a crime against any other person named in this section.
Added by Laws 1978, c. 285, § 504, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 34, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2505. Religious privilege.

A. As used in this section:
1. A "cleric" is a minister, priest, rabbi, accredited Christian Science practitioner or other similar functionary of a religious organization, or any individual reasonably believed to be a cleric by the person consulting the cleric; and
2. A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
B. A person has a privilege to refuse to disclose and to prevent another from disclosing his confidential communication made to a clergyman acting in his professional capacity.
C. The privilege may be claimed by the person, by the person’s guardian or conservator, or by the person’s personal representative if the person is deceased. The cleric is presumed to have authority to claim the privilege but only on behalf of the communicant.
Added by Laws 1978, c. 285, § 505, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 35, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2506. Journalist’s privilege.

A. As used in this section:
1. "State proceeding" includes any proceeding or investigation before or by any judicial, legislative, executive or administrative body in this state;
2. "Medium of communication" includes any newspaper, magazine, other periodical, book, pamphlet, news service, wire service, news or feature syndicate, broadcast station or network, cable television system, or record;
3. "Information" includes any written, oral or pictorial news or other record;
4. "Published information" means any information disseminated to the public by the person from whom disclosure is sought;
5. "Unpublished information" includes information not disseminated to the public by the person from whom disclosure is sought, whether or not related information has been disseminated, and includes, but is not limited to, all notes, outtakes, photographs, tapes or other data of whatever sort not itself disseminated to the public through a medium of communication, whether or not published information based upon or related to such material has been disseminated;
6. "Processing" includes compiling, storing and editing of information; and
7. "Journalist" means any person who is a reporter, photographer, editor, commentator, journalist, correspondent, announcer, or other individual regularly engaged in obtaining, writing, reviewing, editing, or otherwise preparing news for any newspaper, periodical, press association, newspaper syndicate, wire service, radio or television station, or other news service. Any individual employed by any such news service in the performance of any of the above-mentioned activities shall be deemed to be regularly engaged in such activities. However, journalist shall not include any governmental entity or individual employed thereby engaged in official governmental information activities.
B. No journalist shall be required to disclose in a state proceeding either:
1. The source of any published or unpublished information obtained in the gathering, receiving or processing of information for any medium of communication to the public; or
2. Any unpublished information obtained or prepared in gathering, receiving or processing of information for any medium of communication to the public; unless the court finds that the party seeking the information or identity has established by clear and convincing evidence that such information or identity is relevant to a significant issue in the action and could not with due diligence be obtained by alternate means.
This subsection does not apply with respect to the content or source of allegedly defamatory information, in a civil action for defamation wherein the defendant asserts a defense based on the content or source of such information.
Added by Laws 1978, c. 285, § 506, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 36, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2507. Political vote.

A. Every person has a privilege to refuse to disclose the tenor of the person’s vote at a political election conducted by secret ballot.
B. This privilege does not apply if the court finds that the vote was cast illegally.
Added by Laws 1978, c. 285, § 507, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 38, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2508. Trade secrets.

A person has a privilege, which may be claimed by the person, the person’s agent or employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned by the person, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. If disclosure is directed, the court shall take such protective measures as the interest of the holder of the privilege, of the parties and of justice require.
Added by Laws 1978, c. 285, § 508, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 39, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2509. Secrets of state and other official information - Governmental privileges.

A. If the law of the United States creates a governmental privilege that the courts of this state must recognize under the Constitution of the United States, the privilege may be claimed as provided by the law of the United States.
B. No other governmental privilege is recognized except as created by the Constitution or statutes of this state.
C. If a claim of governmental privilege is sustained and it appears that a party is thereby deprived of material evidence, the court shall make any further orders the interests of justice require, including striking the testimony of a witness, declaring a mistrial, finding upon an issue as to which the evidence is relevant or dismissing the action.
Added by Laws 1978, c. 285, § 509, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2510. Identity of informer.

A. The United States, state or subdivision thereof has a privilege to refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of a law to a law enforcement officer or member of a legislative committee or its staff conducting the investigation.
B. The privilege under this section may be claimed by an appropriate representative of the public entity to which the information was furnished.
C. The following shall be exceptions to the privilege granted in this section:
1. No privilege exists if the identity of the informant or the informant's interest in the subject matter of the informant's communication has been disclosed to those who would have cause to resent the communication by a holder of the privilege or by the informant's own action, if the informant appears as a witness for the government, or if information regarding the informant is required to be disclosed pursuant to paragraph 4 of subsection A of Section 2002 of Title 22 of the Oklahoma Statutes.
2. If the informant is also a material witness to the criminal conduct with which the defendant is charged, or was a participant in the criminal conduct conjointly with the defendant, or is shown to be able to give testimony relevant to a material issue in the case.
3. If information from an informant is relied upon to establish the legality of the means by which evidence was obtained and the court or the defendant is not satisfied that the information was received from an informant reasonably believed to be reliable or credible, the court or defendant may require the identity of the informant to be disclosed. The court shall, on request of the government, direct that the disclosure be made in chambers. All counsel and parties concerned with the issue of legality shall be permitted to be present at every stage of a proceeding under this subsection except a disclosure in chambers if the court determines that no counsel or party shall be permitted to be present. If disclosure of the identity of the informant is made in chambers, the record thereof shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the government.
Added by Laws 1978, c. 285, § 510, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 40, eff. Nov. 1, 2002; Laws 2020, c. 97, § 1, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2510.1. Crime stoppers organizations – Privileged communications – Orders for production of records.

A. As used in this section:
1. “Crime stoppers organization” means a private, nonprofit organization that is certified by the Oklahoma Crime Stoppers Association, accepts and expends donations for rewards to persons who report to the organization information concerning criminal activity and that forwards the information to the appropriate law enforcement agency;
2. “Privileged communication” means a statement by any person who wishes to remain anonymous to a certified crime stoppers organization for the purpose of reporting alleged criminal activity; and
3. “Certified” means crime stopper organizations that annually meet the certification standards for crime stoppers programs established by the Oklahoma Crime Stoppers Association to the extent those standards do not conflict with state statutes. The term "court" refers to all municipal and district courts within this state.
B. Evidence of a privileged communication between a person submitting a report of a criminal act to a certified crime stoppers organization and the person who accepts the report on behalf of the organization is not admissible in a court or an administrative proceeding.
C. Records of a certified crime stoppers organization concerning a privileged communication of criminal activity may not be compelled to be produced before a court or other tribunal except upon the motion of a criminal defendant to the court in which the offense is being tried that the records or report contains evidence that is exculpatory to the defendant in the trial of that offense.
D. Upon the motion of a defendant under subsection C of this section, the court may issue an order for production of the records or report. The court shall conduct an in camera inspection of materials produced under the order to determine whether the records or report contain evidence that is exculpatory to the defendant.
E. If the court determines that the records or report produced contain evidence that is exculpatory to the defendant, the court shall present the evidence to the defendant in a form that does not disclose the identity of the person who was the source of the evidence, unless the state or federal constitution requires the disclosure of the identity of that person.
F. The court shall return to the certified crime stoppers organization the records or report that are produced under this section but not disclosed to the defendant. The certified crime stoppers organization shall store the records or report until the conclusion of the criminal trial and the expiration of the time for all direct appeals in the case.
Added by Laws 2002, c. 323, § 1, eff. Nov. 1, 2002. Amended by Laws 2010, c. 37, § 1, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2511. Waiver of privilege by voluntary disclosure.

A person upon whom this Code confers a privilege against disclosure waives the privilege if the person or the person’s predecessor voluntarily discloses or consents to disclosure of any significant part of the privileged matter. This section does not apply if the disclosure itself is privileged.
Added by Laws 1978, c. 285, § 511, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 41, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2512. Privileged matter disclosed under compulsion or without opportunity to claim privilege.

A claim of privilege is not defeated by a disclosure which was:
1. Compelled erroneously; or
2. Made without opportunity to claim the privilege.
Added by Laws 1978, c. 285, § 512, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2513. Comment upon or inference from claim of privilege - Instruction.

A. A claim of privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom.
B. In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims of privilege without the knowledge of the jury.
C. Upon request, any party against whom the jury might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom.
Added by Laws 1978, c. 285, § 513, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2602. Personal knowledge.

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness’s own testimony. This rule is subject to the provisions of Section 2703 of this title.
Added by Laws 1978, c. 285, § 602, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 42, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2603. Oath or affirmation.

Every witness shall be required to declare before testifying that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness’s conscience and impress the witness’s mind with the duty to do so.
Added by Laws 1978, c. 285, § 603, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 43, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2604. Interpreters.

An interpreter is subject to the provisions of this Code relating to qualification as an expert and the administration of an oath or affirmation to make a true and complete rendition of all communications made during the interpretive process to the best of the interpreter’s knowledge and belief.
Added by Laws 1978, c. 285, § 604, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 44, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-2606. Competency of juror as witness.

A. A member of the jury shall not testify as a witness before that jury in the trial of the case in which the juror is sitting. If the juror is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.
B. Upon an inquiry into the validity of a verdict or indictment, a juror shall not testify as to any matter or statement occurring during the course of the jury's deliberations or as to the effect of anything upon the juror’s mind or another juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror’s mental processes during deliberations. A juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear upon any juror. An affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying shall not be received for these purposes.
Added by Laws 1978, c. 285, § 606, eff. Oct. 1, 1978. Amended by Laws 2002, c. 468, § 45, eff. Nov. 1, 2002.