Oklahoma § 12-2105 - Preliminary questions
Full text of Oklahoma Oklahoma Statutes § 12-2105 — Preliminary questions, with citation guidance and answers to common questions.
§ 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.
Oklahoma Statutes - Title 12. Civil Procedure
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.
Frequently Asked Questions About Oklahoma § 12-2105
What does Oklahoma Statutes § 12-2105 cover?
Section 12-2105 ("Preliminary questions") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 12-2105?
A common citation format is "Oklahoma Statutes § 12-2105" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 12-2105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.