Oklahoma Statutes
Okla. Stat. tit. 12, § 2303 (2026)
Effect of presumptions in civil cases
✓ current as of July 2026
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Except when otherwise provided by law, when the basic fact of a presumption has been established as provided in Section 302 of this Code: 1. If the basic fact has any probative value of the existence of the presumed fact, the presumed fact shall be assumed to exist and the burden of persuading the trier of fact of the nonexistence of the presumed fact rests on the party against whom the presumption operates; or 2. If the basic fact does not have any probative value of the existence of the presumed fact, the presumed fact is disregarded when the party against whom the presumption operates introduces evidence which would support a finding of the nonexistence of the presumed fact and the existence of the fact otherwise presumed is then determined from the evidence in the same manner as if no presumption had been operable in the case. Added by Laws 1978, c. 285, § 303, eff. Oct. 1, 1978.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 1983–2023 · leading case: In Re Est. of Holcomb, 2002 OK 90 (Okla. 2002).
In Re Est. of Holcomb, 2002 OK 90 (Okla. 2002). “The provisions of the Code governing the effect of presumptions in civil actions are found at 12 O.S.2001 § 2303. They state: "Except where otherwise provided by law, when the basic fact of a presumption has been established as provided in Section 302 of this Code [12 O.”
Greghol Ltd. P'ship v. Oryx Energy Co., 1998 OK CIV APP 111 (Okla. Civ. App. 1998). “If the record does not support the conclusion that the requisites of 12 O.S.1991 § 2303(A) and (B) are present, then the trial court's action would be an abuse of discretion.”
Edwards v. Urice, 2009 OK CIV APP 20 (Okla. Civ. App. 2008). “Applying the directive of 12 O.S.2001 § 2303 [3] as to the effect of presumptions in civil cases, the Court stated, "Because the basic facts of the presumption of undue influence are not probative of the ultimate fact of undue influence, the presumption falls into the second…”
Little v. Arbuckle Mem'l Hosp. Bd. of Control, 665 P.2d 1227 (Okla. Civ. App. 1983). “Neither are we persuaded by appellee’s argument that 12 O.S.1981 § 2303(2) required a different result from that which we have rendered.”
Hickman v. State Ex Rel. Serv. Oklahoma, 2023 OK CIV APP 17 (Okla. Civ. App. 2023). “12 O.S. § 2303 repairing the vehicle for safe operation on the highway (together with the fair market value of the vehicle in question) compel the creation of a legal presumption that the insurer's determination is legally correct and will stand if not rebuffed or contradicted…”
Hickman v. State Ex Rel. Serv. Oklahoma, 2023 OK CIV APP 17 (Okla. Civ. App. 2023). “[,] if the basic fact has any probative value of the existence of the presumed fact, the presumed fact shall be assumed to exist and the burden of persuading the trier of fact of the nonexistence of the presumed fact rests on the party against whom the presumption operates; .”
Hickman v. State Ex Rel. Serv. Oklahoma, 530 P.3d 96 (Okla. Civ. App. 2023). “12 O.S. § 2303 repairing the vehicle for safe operation on the highway (together with the fair market value of the vehicle in question) compel the creation of a legal presumption that the insurer's determination is legally correct and will stand if not rebuffed or contradicted…”
— Okla. Stat. tit. 12, § 2303(2) — 2 cases
In Re Est. of Holcomb, 2002 OK 90 (Okla. 2002). “The provisions of the Code governing the effect of presumptions in civil actions are found at 12 O.S.2001 § 2303. They state: "Except where otherwise provided by law, when the basic fact of a presumption has been established as provided in Section 302 of this Code [12 O.”
Little v. Arbuckle Mem'l Hosp. Bd. of Control, 665 P.2d 1227 (Okla. Civ. App. 1983). “Neither are we persuaded by appellee’s argument that 12 O.S.1981 § 2303(2) required a different result from that which we have rendered.”
— Okla. Stat. tit. 12, § 2303(A) — 1 case
Greghol Ltd. P'ship v. Oryx Energy Co., 1998 OK CIV APP 111 (Okla. Civ. App. 1998). “If the record does not support the conclusion that the requisites of 12 O.S.1991 § 2303(A) and (B) are present, then the trial court's action would be an abuse of discretion.”
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