Okla. Stat. » Title 12 — CIVIL PROCEDURE
Oklahoma Statutes

Okla. Stat. tit. 12, § 2401 (2026)

Definition of "relevant evidence"

✓ current as of July 2026
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"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Added by Laws 1978, c. 285, § 401, eff. Oct. 1, 1978.

Notes of Decisions
Cited in 129 cases (7 in the last 5 years), 1981–2026 · leading case: Dodd v. State, 2004 OK CR 31 (Okla. Crim. App. 2004).
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Dodd v. State, 2004 OK CR 31 (Okla. Crim. App. 2004). · cites it 6× “2d 308, 310 ; see also 12 O.S.2001, § 2401. The evidence was properly admitted, and prosecutorial commentary on inferences which might be drawn from it was permissible.”
Warner v. State, 2006 OK CR 40 (Okla. Crim. App. 2006). · cites it 4× “See 12 O.S.2001, § 2401 (relevant evidence is that which makes a material fact more or less probable than it would be without the evidence).”
In the Matter of K. H., 2021 OK 33 (Okla. 2021). · cites it 6× “EVIDENCE OF THE PENDING CRIMINAL CHILD ABUSE CHARGES FAILS THE RELEVANCY TEST UNDER 12 O.S.2011 § 2401 . ¶32 Evidence is relevant if it has "any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable…”
Jones v. State, 2009 OK CR 1 (Okla. Crim. App. 2009). · cites it 4× “2001, § 2401 (relevant evidence is evidence having any tendency to make the existence of a fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence).”
Goode v. State, 2010 OK CR 10 (Okla. Crim. App. 2010). · cites it 4× “See 12 O.S.2001, § 2401 (defining relevant evidence).”
Stouffer v. State, 738 P.2d 1349 (Okla. Crim. App. 1987). · cites it 4× “12 O.S.1981, § 2401. Appellant complains that the trial court sustained the State’s objection to defense counsel’s question of Ivens whether he had had Stouffer’s background checked.”
Simpson v. State, 2010 OK CR 6 (Okla. Crim. App. 2010). · cites it 2× “” 12 O.S.2001, § 2401. Appellant argues that the evidence that he suffered from PTSD was relevant to the issue of his intent at the time of the offense.”
Phillips v. State, 1999 OK CR 38 (Okla. Crim. App. 1999). · cites it 3× “See 12 O.S.1991, § 2401 (relevant evidence defined as "evidence having any tendency to make the existence of a fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”
Postelle v. State, 267 P.3d 114 (Okla. Crim. App. 2011). · cites it 2× “3d 362, 375-76 , 12 O.S.2001, § 2401. "Relevant evidence need not conclusively, or even directly, establish the defendant's guilt; it is admissible if, when taken with other evidence in the case, it tends to establish a material fact in issue.”
Simpson v. Carpenter, 912 F.3d 542 (10th Cir. 2018). “" Okla. Stat. tit. 12, § 2401 . And, "expert opinion testimony should be admitted only if it will 'assist the trier of fact to understand the evidence or to determine a fact in issue.”
Bever v. State, 2020 OK CR 13 (Okla. Crim. App. 2020). · cites it 2× “" 12 O.S.2011, § 2401. When measuring the relevancy of evidence against its prejudicial effect, the court should give the evidence its maximum reasonable probative force and its minimum reasonable prejudicial value.”
VanWoundenberg v. State, 720 P.2d 328 (Okla. Crim. App. 1986). · cites it 2× “Relevant evidence is defined in 12 O.S.1981, § 2401 as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”
Show all 129 citing cases →
— Okla. Stat. tit. 12, § 2401(A)(1) — 1 case
Dodd v. State, 2004 OK CR 31 (Okla. Crim. App. 2004). “2d 308, 310 ; see also 12 O.S.2001, § 2401. The evidence was properly admitted, and prosecutorial commentary on inferences which might be drawn from it was permissible.”
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