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§ 2511.Waiver of Privilege By Voluntary Disclosure

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

In one sentenceSection 2511 says a person holding a privilege under the Evidence Code waives it by voluntarily disclosing, or consenting to disclosure of, a significant part of the privileged matter, unless the disclosure itself is privileged.

Full Text of § 2511

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A person upon whom this Code confers a privilege against disclosure waives the privilege if the person or the person's predecessor voluntarily discloses or consents to disclosure of any significant part of the privileged matter. This section does not apply if the disclosure itself is privileged.

Amendment History

Laws 1978, SB 276, c. 285, § 511, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §41, eff. 11/1/2002.

Plain-English Summary

Privileges under Oklahoma's Evidence Code aren't permanent once the holder starts talking. If a person -- or a predecessor -- voluntarily discloses, or agrees to let someone else disclose, a significant part of privileged material, the privilege is waived as to that matter. The one exception: this rule doesn't apply where the disclosure itself is privileged, so telling a second confidant who's independently covered by a privilege doesn't forfeit the first one.

Frequently Asked Questions

What counts as waiving a privilege under this section?

Voluntarily disclosing, or consenting to someone else disclosing, a significant part of the privileged matter.

Can a privilege holder's predecessor waive the privilege too?

Yes. Section 2511 extends waiver to a voluntary disclosure by the privilege holder or the holder's predecessor.

Does disclosing something to another privileged confidant count as a waiver?

No. The section doesn't apply if the disclosure itself is privileged.

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 privilege waiver voluntary disclosurewaiving evidentiary privilege oklahoma12 O.S. § 2511voluntary disclosure privileged communication