A. A claim of privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn therefrom.
§ 2513.Comment Upon Or Inference From Claim of Privilege - Instruction
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2513 bars judges and lawyers from commenting on a claimed privilege, forbids drawing any inference from it, requires jury trials to be run so privilege claims stay out of the jury's sight where practicable, and entitles a party to a no-inference instruction on request.
Full Text of § 2513
B. In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims of privilege without the knowledge of the jury.
C. Upon request, any party against whom the jury might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom.
Amendment History
Laws 1978, SB 276, c. 285, § 513, eff. 10/1/1978.
Plain-English Summary
Once someone claims a privilege -- in the present case or an earlier one -- Section 2513(A) shuts the door on making anything of it: no comment by the judge or counsel, and no inference drawn from the claim. Subsection B pushes that principle into how jury trials run, requiring proceedings, so far as practicable, to be conducted so privilege claims can be made outside the jury's knowledge.
Subsection C gives a party a concrete remedy: on request, any party against whom the jury might otherwise draw an adverse inference from a privilege claim is entitled to an instruction telling the jury no inference may be drawn.
Frequently Asked Questions
Can a lawyer tell the jury that a witness "took the privilege"?
No. Section 2513(A) bars comment by judge or counsel on a claim of privilege and forbids drawing any inference from it.
Does this protection cover a privilege claimed in an earlier proceeding?
Yes. Section 2513(A) applies whether the privilege was claimed in the present proceeding or on a prior occasion.
How does the court keep privilege claims away from the jury?
Subsection B requires conducting proceedings, to the extent practicable, so that privilege claims can be made without the jury knowing about them.
Can a party get a jury instruction about a privilege claim?
Yes. On request, a party facing a possible adverse inference from someone else's privilege claim is entitled to an instruction that no inference may be drawn.
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: comment on privilege claim jury instruction oklahoma12 O.S. § 2513adverse inference privilege oklahomano inference instruction evidence code