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.
§ 2103.Scope of Rules
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceApplies the Evidence Code to civil and criminal court proceedings that produce evidence, then exempts preliminary fact questions the judge alone decides and a list of proceedings like bail, extradition, sentencing, and warrant applications.
Full Text of § 2103
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.
Amendment History
Amended by Laws 1986, HB 1948, c. 240, § 1, eff. 11/1/1986; Amended by Laws 2002, HB 1939, c. 468, §24, eff. 11/1/2002.
Plain-English Summary
Subsection A casts a wide net: the Code applies in civil and criminal proceedings, conducted by or under a court's supervision, wherever evidence gets produced. Subsection B narrows that reach for two categories, though privilege claims still apply inside them.
The first exception covers preliminary fact questions the judge decides alone under Section 2105(A) -- things like whether a witness is qualified to testify. The second is a list of proceedings where the full evidence rules would slow things down without adding much protection: extradition and rendition, sentencing, probation revocation, deferred-judgment advancement, arrest warrants, criminal summonses, search warrants, bail, and juvenile emergency show-cause hearings.
Frequently Asked Questions
Does the Oklahoma Evidence Code apply to a bail hearing?
No. Section 2103(B)(2) exempts proceedings on release on bail or otherwise from the Code's rules, though a valid privilege claim still applies.
What proceedings are exempt from the Evidence Code besides bail?
Extradition or rendition proceedings, sentencing, granting or revoking probation, advancing a deferred judgment, issuing arrest warrants, criminal summonses and search warrants, and juvenile emergency show-cause hearings.
Do the evidence rules apply when a judge decides whether a witness is qualified?
Not fully -- Section 2103(B)(1) exempts preliminary fact questions on a witness's qualifications, a privilege, or admissibility that the judge decides under Section 2105(A).
Can a party still claim a privilege in an exempt proceeding?
Yes. Subsection B exempts these proceedings from the Code's rules generally, but expressly preserves the rules on a valid claim of privilege.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
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