A. If the law of the United States creates a governmental privilege that the courts of this state must recognize under the Constitution of the United States, the privilege may be claimed as provided by the law of the United States.
§ 2509.Secrets of State and Other Official Information - Governmental Privileges
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2509 recognizes a federal governmental privilege only when the U.S. Constitution requires it, bars any other governmental privilege not rooted in Oklahoma's own constitution or statutes, and orders a remedy -- up to dismissal -- when a sustained claim deprives a party of material evidence.
Full Text of § 2509
B. No other governmental privilege is recognized except as created by the Constitution or statutes of this state.
C. If a claim of governmental privilege is sustained and it appears that a party is thereby deprived of material evidence, the court shall make any further orders the interests of justice require, including striking the testimony of a witness, declaring a mistrial, finding upon an issue as to which the evidence is relevant or dismissing the action.
Amendment History
Laws 1978, SB 276, c. 285, § 509, eff. 10/1/1978.
Plain-English Summary
Subsection A recognizes a governmental privilege created by federal law only to the extent the U.S. Constitution requires Oklahoma courts to honor it, and lets that privilege be claimed the way federal law provides. Subsection B refuses to recognize any other governmental privilege -- one not created by the Constitution or statutes of this state.
Subsection C addresses what happens when a governmental privilege claim succeeds and a party is left without material evidence because of it. The court must issue whatever further orders the interests of justice require, and the section lists a range running from striking a witness's testimony, to a mistrial, to a finding on the issue the evidence would have addressed, to dismissing the action outright.
Frequently Asked Questions
Does Oklahoma recognize a broad executive or state-secrets privilege?
No. Section 2509(B) recognizes no governmental privilege beyond one created by the Constitution or statutes of Oklahoma, or one federal law compels recognition of under the U.S. Constitution.
What happens if a sustained privilege claim leaves a party without key evidence?
The court must issue further orders the interests of justice require -- Section 2509(C) lists striking testimony, declaring a mistrial, ruling on the relevant issue, or dismissing the action.
Can a governmental privilege claim result in dismissal of the case?
Yes. Section 2509(C) lists dismissing the action among the remedies available when a sustained privilege claim deprives a party of material 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: oklahoma governmental privilegestate secrets privilege oklahoma12 O.S. § 2509official information privilege evidence code