Oklahoma § 12-140.3 - Forum non conveniens – Considerations in motions to

§ 12-140.3. Forum non conveniens – Considerations in motions to

stay, transfer or dismiss.

A. If the court, upon motion by a party or on the court's own

motion, finds that, in the interest of justice and for the

convenience of the parties, an action would be more properly heard

in another forum either in this state or outside this state, the

court shall decline to exercise jurisdiction under the doctrine of

forum non conveniens and shall stay, transfer or dismiss the action.

B. In determining whether to grant a motion to stay, transfer

or dismiss an action pursuant to this section, the court shall

consider:

Oklahoma Statutes - Title 12. Civil Procedure

1. Whether an alternate forum exists in which the action may be

tried;

2. Whether the alternate forum provides an adequate remedy;

3. Whether maintenance of the action in the court in which the

case is filed would work a substantial injustice to the moving

party;

4. Whether the alternate forum can exercise jurisdiction over

all the defendants properly joined in the action of the plaintiff;

5. Whether the balance of the private interests of the parties

and the public interest of the state predominate in favor of the

action being brought in an alternate forum; and

6. Whether the stay, transfer or dismissal would prevent

unreasonable duplication or proliferation of litigation.

Added by Laws 2013, 1st Ex. Sess., c. 1, § 2, emerg. eff. Sept. 10,

2013.

NOTE: Text formerly resided under repealed Title 12, § 140.2, which

was derived from Laws 2009, c. 228, § 3, which was held

unconstitutional by the Oklahoma Supreme Court in the case of

Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789

(Okla. 2013).