All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, the Constitution of the State of Oklahoma, by statute or by this Code. Evidence which is not relevant is not admissible.
§ 2402.Relevant Evidence Generally Admissible - Irrelevant Evidence Inadmissible
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceMakes all relevant evidence admissible unless the U.S. Constitution, the Oklahoma Constitution, a statute, or the Evidence Code itself provides otherwise, and makes irrelevant evidence inadmissible outright.
Full Text of § 2402
Amendment History
Laws 1978, SB 276, c. 285, § 402, eff. 10/1/1978.
Plain-English Summary
Section 2402 states the baseline rule that everything else in the Code qualifies: relevant evidence comes in, and irrelevant evidence doesn't. Admissibility isn't unconditional, though -- the section lists four sources of exclusion that can override it: the federal Constitution, the Oklahoma Constitution, a statute, or the Evidence Code itself. Sections 2403 through 2415, for instance, all carve out or condition that general rule of admissibility.
Frequently Asked Questions
Is all relevant evidence automatically admissible in Oklahoma?
As a starting point, yes -- but Section 2402 subjects that rule to exceptions found in the U.S. Constitution, the Oklahoma Constitution, a statute, or the Evidence Code.
What happens to evidence that isn't relevant?
It's inadmissible. The second sentence of Section 2402 states that directly.
Which other sections limit the general rule that relevant evidence is admissible?
Several sections in this same chapter do -- Section 2403's prejudice-balancing test and the character, habit, and privilege rules that follow all condition or exclude otherwise-relevant evidence.
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: relevant evidence admissible oklahoma12 O.S. § 2402FRE 402 oklahoma equivalentirrelevant evidence inadmissible oklahoma