Effect of Presumptions in Civil Cases - Tulsa Trial Attorneys

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Effect of Presumptions in Civil Cases

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. 12 O.S. 2303

Basic Fact - Definition

The fact or group of facts giving rise to a presumption. 12 O.S. 2301

Presumption - Definition

A rule of procedure that when a basic fact exists the existence of another fact must be assumed, whether or not the basic fact has any probative value of the existence of the assumed fact. 12 O.S. 2301

Presumed Fact - Definition

The fact which must be assumed. 12 O.S. 2301

General Provisions

• Legislative Purpose

• Scope of Rules

• Rulings on Evidence

• Preliminary Questions

• Limited Admissibility

• Remainder of Part of Record

Judicial Notice

• Judicial Notice of Law

• Judicial Notice of Adjudicative Facts

• Determining Propriety of Taking Judicial Notice

Presumptions

• Establishment of Basic Fact

• Effect of Presumptions in Civil Cases

• Presumptions in Criminal Cases

• Inconsistent Presumptions

Relevance

• Relevant Evidence Generally Admissible - Irrelevant Evidence Inadmissible

• Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion or Cumulative Nature of Evidence

• Character Evidence Not Admissible to Prove Conduct

• Methods of Proving Character

• Habit - Routine Practice

• Subsequent Remedial Measures

• Compromise and Offers to Compromise

• Payment of Medical and Similar Expenses

• Offer to Plead Guilty - Nolo Contendere - Withdrawn Plea of Guilty

• Liability Insurance

• Sexual Offense Against Another Person - Evidence of Complaining Witness’s Previous Sexual Conduct Inadmissible - Exception

• Evidence of Commission of Other Sexual Assault Offense - Admissibility - Disclosures by Prosecutor

• Evidence of Commission of Other Child Molestation Offense - Admissibility - Disclosures by Prosecutor

Privilege

• Privileges Recognized Only as Provided

• Attorney-Client Privilege

• Accountant-Client Privilege

• Physician- and Psychotherapist-Patient Privilege

• Interpreter for the Deaf

• Husband Wife Privilege

• Religious Privilege

• Journalist's Privilege

• Renumbered as 12 O.S. § 2503.1 by Laws 2002, HB 1939, c. 468, § 78, eff. November 1, 2002

• Peer Support Counseling Privilege

• Political Vote

• Trade Secrets

• Secrets of State and Other Official Information; Governmental Privileges

• Identity of Informer

• Crime Stoppers Organization

• Waiver of Privilege by Voluntary Disclosure

• Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege

• Comment Upon or Inference From Claim of Privilege - Instruction

Witnesses

• General Rule of Competency

• Lack of Personal Knowledge

• Oath or Affirmation

• Interpreters

• Competency of Judge as Witness

• Competency of Juror as Witness

• Who May Impeach

• Evidence of Character and Conduct of Witness

• Impeachment by Evidence of Conviction of Crime

• Religious Beliefs or Opinions

• Mode and Order of Interrogation and Presentation

• Repealed

• Unusual Court Procedures to Protect Rights of Incapacitated Persons - Criminal Defendant - Judicial Integrity

Uniform Child Witness Testimony by Alternative Methods Act

• Short Title

• Definitions

• Applicability in Criminal and Noncriminal Proceedings

• Hearing - When Ordered, How Conducted, Rules of Evidence

• When Child Witness May Testify by Alternate Means - Findings, Factors, Evidentiary Standards

• Factors Affecting Selection of Alternate Method of Testifying

• Orders

• Opportunity for Cross Examination

• Construction of Act

• Use of a Certified Therapeutic Dog

• Writing Used to Refresh Memory

• Prior Statements of Witnesses

• Calling and Interrogation of Witnesses by Court

• Exclusion of Witnesses

Expert and Opinion Testimony

• Opinion Testimony by Lay Witnesses

• Testimony by Experts

• Bases of Opinion Testimony by Experts

• Opinion on Ultimate Issue

• Disclosure of Facts or Data Underlying Expert Opinion

Hearsay

• Definitions

• Hearsay Rule

• Hearsay Exceptions - Availability of Declarant Immaterial

• Statements by Certain Children Regarding Physical or Sexual Abuse - Admissibility

• Renumbered as 12 O.S. § 2611.2 by Laws 1999, SB 481, c. 108, § 1, eff. November 1, 1999

• Hearsay Exception - Declarant Unavailable

• Hearsay Exception - Exceptional Circumstances

• Hearsay Within Hearsay

• Attacking and Supporting Credibility of Declarant

Authentication and Identification

• Requirement of Authentication or Identification

• Self-Authentication

• Subscribing Witness's Testimony Unnecessary

Contents of Writings, Recordings and Photographs

• Definitions

• Requirement of Original

• Admissibility of Duplicates

• Admissibility of Other Evidence of Contents

• Public Records

• Summaries

• Testimony or Written Admission of Party

• Functions of Judge and Jury

• Medical Bills - Identification

• Admissibility of Medical Expenses

• Repealed

• Admissibility of Evidence of Assemblage in Exercise of Free Speech or Display of Religious Beliefs

Effect of Presumptions in Civil Cases Litigation Expertise

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