The basic fact of a presumption may be established in an action by the pleadings, or by stipulation of the parties, or by judicial notice, or by evidence.
§ 2302.Establishment of Basic Fact
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceLists four ways to establish the basic fact that triggers a presumption in an action: the pleadings, a stipulation of the parties, judicial notice, or evidence.
Full Text of § 2302
Amendment History
Laws 1978, SB 276, c. 285, § 302, eff. 10/1/1978.
Plain-English Summary
Before a presumption can operate, its basic fact has to be established. Section 2302 gives four routes to get there: the pleadings, a stipulation between the parties, judicial notice, or evidence. Any one of them suffices.
Frequently Asked Questions
How do you establish the basic fact of a presumption?
Section 2302 allows four methods: the pleadings, stipulation of the parties, judicial notice, or evidence.
Do the parties have to agree for a basic fact to be established?
No. Stipulation is one route, but the pleadings, judicial notice, or evidence work too.
What happens after the basic fact is established?
Section 2303 (civil cases) and Section 2304 (criminal cases) set out what happens to the presumed fact once the basic fact is established under this section.
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: 12 O.S. § 2302 establishing a presumptionhow is a basic fact proven oklahomapresumption pleadings stipulation evidence