Okla. Stat. tit. 12, § 12-2105: Preliminary questions

A. Preliminary questions concerning the qualifications of a

person to be a witness, the existence of a privilege or the

admissibility of evidence shall be determined by the court, subject

to the provisions of subsections B and C of this section.

B. A person claiming a privilege must prove that the conditions

prerequisite to the existence of the privilege are more probably

true than not. A person claiming an exception to a privilege must

prove that the conditions prerequisite to the applicability of the

exception are more probably true than not. If there is a factual

basis to support a good faith belief that a review of the allegedly

privileged material is necessary, the court, in making its

determination, may review the material outside the presence of any

other person.

C. When the relevancy of evidence depends upon the fulfillment

of a condition of fact, the judge shall admit it upon, or subject

to, the introduction of evidence sufficient to support a finding of

the fulfillment of the condition.

D. Hearings on the admissibility of confessions shall be

conducted in all cases out of the hearing of the jury. Hearings on

other preliminary matters shall also be conducted out of the hearing

of the jury when the interests of justice require or when requested

by an accused who is a witness.

E. The accused does not subject himself to cross-examination on

other issues in the case by testifying upon a preliminary matter.

F. This section does not limit the right of a party to

introduce before the jury evidence relevant to weight or

credibility.