If two conflicting presumptions arise the court shall apply the presumption which is founded on the weightier considerations of policy and logic. If there is no such preponderance both presumptions shall be disregarded.
§ 2305.Inconsistent Presumptions
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceTells courts how to resolve two conflicting presumptions: apply whichever rests on the weightier considerations of policy and logic, and if neither outweighs the other, disregard both.
Full Text of § 2305
Amendment History
Laws 1978, SB 276, c. 285, § 305, eff. 10/1/1978.
Plain-English Summary
When two presumptions point in different directions, Section 2305 gives a simple tie-breaker. The court applies the presumption founded on the weightier considerations of policy and logic. If neither one clearly outweighs the other, both presumptions drop out of the case, and the fact gets decided without either one's help.
Frequently Asked Questions
What happens when two presumptions in a case contradict each other?
Section 2305 requires the court to apply whichever presumption is founded on the weightier considerations of policy and logic.
What if neither presumption clearly outweighs the other?
Then both presumptions are disregarded, and the underlying fact question is resolved without either one's assistance.
Does this section decide which presumption is stronger for me?
No, it sets the standard -- weightier considerations of policy and logic -- but leaves the weighing itself to the court presented with the specific presumptions.
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 conflicting presumptions rule12 O.S. § 2305what happens when two presumptions conflict