§ 2301.Definitions

Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026

In one sentenceDefines the vocabulary for the Evidence Code's presumption rules: a presumption assumes a fact once a basic fact exists, the basic fact is what triggers it, the presumed fact is what must be assumed, and inconsistent presumptions arise when two presumed facts conflict.

Full Text of § 2301

Text sizeJump to: (1) (2) (3) (4)

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.

Amendment History

Laws 1978, SB 276, c. 285, § 301, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §28, eff. 11/1/2002.

Plain-English Summary

The presumption rules that follow lean on four defined terms. A "presumption" is a rule of procedure: once a basic fact exists, another fact -- the presumed fact -- must be assumed, regardless of whether the basic fact has any probative value toward proving it. The "basic fact" is what gives rise to the presumption, and the "presumed fact" is what gets assumed as a result.

"Inconsistent presumptions" describes the situation where the presumed fact of one presumption contradicts the presumed fact of another -- a conflict Section 2305 resolves.

Frequently Asked Questions

What is a "presumption" under Oklahoma's Evidence Code?

Section 2301(1) defines it as a rule of procedure: when a basic fact exists, the existence of another fact must be assumed, regardless of whether the basic fact has any probative value toward the assumed fact.

What's the difference between a "basic fact" and a "presumed fact"?

The basic fact is the fact or facts that give rise to a presumption; the presumed fact is the fact that must be assumed as a result.

What are "inconsistent presumptions"?

Under paragraph 4, it's when the presumed fact of one presumption is inconsistent with the presumed fact of another presumption.

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

Also known as: oklahoma evidence code presumptions definitions12 O.S. § 2301basic fact vs presumed fact oklahomainconsistent presumptions definition