Title 12 — Title 12 — Civil Procedure

12 O.S. § 236 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

In an action involving real property any person appearing in any manner in the title thereto, or claiming or appearing to claim some interest in the real property involved, may be included as a party defendant by naming such person as a party defendant in the caption of such peti…

12 O.S. § 237 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 238 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 239 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

Upon the journal record required to be kept by the clerk of the district court in civil cases exclusive of the small claims docket and juvenile proceedings docket shall be entered copies of the following instruments on file: 1. All items of process by which the court acquired jur…

Any clerk, upon microfilming the record as above set forth, is directed to destroy the record, provided that such record shall first be offered to the county and State Historical Society. Added by Laws 1971, c. 245, § 2, eff. Oct. 1, 1971.

12 O.S. § 240 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Added by Laws 1978, c. 285, § 401, eff. Oct. 1, 1978.

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, …

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, o…

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 p…

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'…

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 rout…

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 m…

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…

Evidence of furnishing, offering or promising to pay medical, hospital or similar expenses occasioned by an injury is not admissible to prove liability for the injury. Added by Laws 1978, c. 285, § 409, eff. Oct. 1, 1978.

12 O.S. § 241 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

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…

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 a…

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 constitu…

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 allege…

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…

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 w…

12 O.S. § 242 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 243 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 245 Repealed by Laws 1984, c. 164, § 32, eff. Nov. 1, 1984

12 O.S. § 25 Repealed by Laws 1990, c. 251, § 20, eff. Jan. 1, 1991

12 O.S. § 25.1 Repealed by Laws 1993, c. 351, § 29, eff. Oct. 1, 1993

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 disc…

A. As used in this section: 1. An “attorney” is a person authorized, or reasonably believed by the client to be authorized, to engage in the practice of law in any state or nation; 2. A “client” is a person, public officer, or corporation, association, or other organization or en…

A. As used in this section: 1. “Accountant” means a certified public accountant (CPA) or a public accountant; 2. “Client” means any person, public officer, corporation, association, or other organization or entity, either public or private, who consults an accountant for the purp…

A. As used in this section: 1. A “patient” is a person who consults or is examined or interviewed by a physician or psychotherapist; 2. A “physician” is a person authorized to practice medicine in any state or nation, or reasonably believed by the patient to be so authorized; 3. …

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…

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 te…

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 communica…

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…

468, § 78, eff. Nov. 1, 2002.

A. For purposes of this section: 1. "Emergency services provider" means any public employer that employs persons to provide firefighting services; 2. "Emergency services personnel" means any employee of an emergency services provider who is engaged in providing firefighting servi…

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. Ame…

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 …

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 governmenta…

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 co…

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…

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 itsel…

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.

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 fac…

12 O.S. § 26 Repealed by Laws 1988, c. 102, § 3, eff. Nov. 1, 1988

Every person is competent to be a witness except as otherwise provided in this Code. Added by Laws 1978, c. 285, § 601, eff. Oct. 1, 1978.