A claim of privilege is not defeated by a disclosure which was:
§ 2512.Privileged Matter Disclosed Under Compulsion Or Without Opportunity to Claim Privilege
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2512 protects a claim of privilege from being defeated by a disclosure that was compelled erroneously or made without any opportunity to claim the privilege in the first place.
Full Text of § 2512
Amendment History
Laws 1978, SB 276, c. 285, § 512, eff. 10/1/1978.
Plain-English Summary
This section answers a narrow but important question: does an involuntary disclosure destroy a privilege? No. A claim of privilege survives a disclosure that was compelled erroneously -- say, a court wrongly ordered it -- and it survives a disclosure made without any chance to object and claim the privilege at all. Unlike Section 2511's rule for voluntary disclosure, neither situation counts as a waiver.
Frequently Asked Questions
If a court wrongly orders privileged material disclosed, is the privilege lost?
No. Section 2512 preserves the claim of privilege against a disclosure compelled erroneously.
What if privileged information comes out before anyone had a chance to object?
The privilege survives. Section 2512 covers disclosure made without opportunity to claim the privilege.
How does this section differ from Section 2511's waiver rule?
Section 2511 treats voluntary disclosure as a waiver; Section 2512 protects the opposite situation -- disclosure that wasn't voluntary, whether compelled by error or made with no chance to object.
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: privileged matter disclosed under compulsion oklahoma12 O.S. § 2512erroneous disclosure privilege oklahomano opportunity to claim privilege