Oklahoma § 20-91.7 - Business court divisions

§ 20-91.7. Business court divisions

A. The Legislature finds that, due to the complex nature of

litigation involving highly technical commercial issues, there is a

need for specialized courts in Oklahoma with specific jurisdiction

over actions involving such business issues.

B. There is hereby created a business court division within the

district court of any judicial district containing a county with a

population in excess of five hundred thousand (500,000), according

to the latest Federal Decennial Census.

C. Each business court division created shall be categorized

and named numerically. The Supreme Court shall promulgate rules for

the implementation and administration of the business courts to the

extent required by Article VII of the Oklahoma Constitution.

Additional rules and procedures shall be promulgated by the judges

of the business court divisions. Business Court Division I shall be

located in Oklahoma County and quartered in Oklahoma City; Business

Court Division II shall be located in Tulsa County and quartered in

Tulsa. Both business court divisions shall be quartered in a

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location as determined by the Chief Justice of the Supreme Court in

consultation with any state officials or private parties needed to

secure appropriate court and office space. Proper venue for the

respective divisions shall be set forth in Section 7 of this act.

Added by Laws 2004, c. 368, § 17, eff. Nov. 1, 2004. Amended by

Laws 2025, c. 316, § 1, eff. Sept. 1, 2025.

§20-91.7a. Task Force for the Study of Business Courts.

A. There is hereby created the Task Force for the Study of

Business Courts.

B. The task force shall consist of eleven (11) members to be

appointed or selected as follows:

1. Five members to be appointed by the Governor, one of whom

shall be designated by the Governor as the chair of the task force;

2. Two members to be appointed by the Speaker of the Oklahoma

House of Representatives;

3. Two members to be appointed by the President Pro Tempore of

the Oklahoma State Senate;

4. One member to be appointed by the Chief Justice of the

Oklahoma Supreme Court; and

5. One member to be appointed by the Administrative Director of

the Courts.

C. The task force shall conduct an organizational meeting no

later than September 30, 2024. A majority of the members present at

the organizational meeting, or any subsequent meeting, shall

constitute a quorum for the purpose of any action except the vote on

the final report. A majority of the total membership of the task

force shall constitute a quorum for the purpose of voting on the

final report required by subsection H of this section.

D. The task force shall be authorized to meet as necessary in

order to perform the duties imposed on it.

E. The task force shall conduct a study to analyze the

implementation, effect, and impact of creating a Business Court

System in the State of Oklahoma. The study shall include but shall

not be limited to:

1. The existing Oklahoma court structure;

2. The examination and study of business court structures in

other states; and

3. Such other matters related to business courts as the task

force deems relevant.

F. Staff assistance for the task force shall be provided by the

staff of the Secretary of State.

G. The task force shall produce a preliminary written report

and a final written report of its findings and any recommendations

regarding the creation of business courts in this state which shall

include but not be limited to recommendations to determine:

Oklahoma Statutes - Title 20. Courts

1. Matters that shall and shall not be heard in the business

court;

2. The manner in which a business court judge may be selected;

3. The qualifications, salary, and term limit of a business

court judge, and the manner in which a business court judge shall be

replaced if a vacancy occurs;

4. Whether an office for a secretary-bailiff shall be created

for business court judges and the compensation of a secretarybailiff;

5. How proper venue is to be determined for a case on the

business court docket;

6. A dollar amount to determine which district shall have

jurisdiction over a business court case;

7. Whether the business court shall exercise supplemental

jurisdiction;

8. Whether the business court judge may transfer a matter to a

civil docket;

9. The manner in which the transfer of qualified cases to the

business court shall occur, if at all;

10. If a business court judge should be disqualified from

hearing a case, or whether recusal should be required, and the

manner in which a business court judge shall be replaced;

11. The procedure governing an appeal from the business court;

12. Whether the business court may conduct remote proceedings;

13. Filing costs for actions filed in the business court; and

14. Such other recommendations as the task force deems

relevant.

H. The preliminary report shall be submitted to the Governor,

the Speaker of the House of Representatives, and the President Pro

Tempore of the Senate not later than January 1, 2025. The final

report shall be submitted to the Governor, the Speaker of the House

of Representatives, and the President Pro Tempore of the Senate not

later than January 1, 2026.

I. Members of the task force shall be reimbursed for their

travel expenses from the resources of the appointing authority.

Members of the task force who are legislators shall not be eligible

to receive travel reimbursement.

J. The provisions of this section shall cease to have the force

and effect of law and the task force shall terminate effective

January 31, 2026.

Added by Laws 2024, c. 370, § 3, emerg. eff. May 31, 2024.

§20-91.7b. Business court judges — Appointment — Eligibility —

Term.

A. 1. Each business court shall consist of one business court

judge to be appointed by the Governor with the advice and consent of

the Senate. If the Legislature is not in regular session when an

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appointment is made, the appointee shall assume the office on an

interim basis until the Senate takes final action to either confirm

or reject the appointee. The Governor shall choose an appointee for

any vacancy from a list of three candidates provided by the Speaker

of the House of Representatives. If the Governor rejects all three

candidates, the Governor may request a subsequent list of candidates

from the Speaker. The Speaker shall provide such subsequent list to

the Governor within forty (40) days of the request. If such

subsequent list is not provided, the Governor may appoint any person

who meets the qualifications set forth in paragraph 2 of this

subsection.

2. To be eligible for appointment, a business court judge shall

be:

a.

at least thirty-five (35) years of age,

b.

a United States citizen, and

c.

a licensed attorney in good standing in this state

with ten (10) or more years of experience in:

(1) practicing complex civil business litigation,

(2) practicing business transaction law,

(3) serving as a judge or clerk of a court with civil

jurisdiction, or

(4) any combination of experience totaling ten (10)

years as described by divisions 1 through 3 of

this subparagraph.

B. 1. A business court judge shall serve a term of eight (8)

years, except as otherwise provided by this subsection, beginning

September 1, 2025, and may be reappointed. The first business court

judge appointed to Business Court Division II shall serve a term of

four (4) years beginning September 1, 2025, and may be reappointed.

A business court judge shall take the constitutional oath of office

required of appointed officers of this state and file the oath with

the Secretary of State. A business court judge shall serve the full

term to which he or she was appointed and shall continue to serve

until a replacement is appointed and assumes office.

2. If a vacancy occurs in the office of a business court judge

due to death, incapacity, resignation, or impeachment, the Governor

shall appoint a person to serve for the remainder of the unexpired

term in the same manner as the original appointment.

3. Upon request by a business court judge, the Chief Justice

may appoint a district court judge to sit in designation temporarily

as a business court judge to assist in caseload management. The

designated district court judge shall have the same authority as the

business court judge in relation to the cases assigned to them

during such designation.

Added by Laws 2025, c. 316, § 5, eff. Sept. 1, 2025.

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§20-91.7c. Business court docket — Jurisdiction — Complex cases —

Restrictions.

A. In an action where damages are requested under subsection B

or C of this section, the amount in controversy shall be at least

Five Hundred Thousand Dollars ($500,000.00).

B. When a business court division is created pursuant to

Section 91.7 of Title 20 of the Oklahoma Statutes, certain cases,

excluding arbitration cases, filed on or after January 1, 2026, may

be assigned to the business court docket. The business court shall

have the power to grant any relief that may be granted by a district

court and may exercise concurrent jurisdiction and the powers of a

court of equity, to the extent that such powers are exercised.

Notwithstanding the amount in controversy, where equitable relief is

requested in a business dispute, a business court may hear an

action:

1. Arising under the Uniform Arbitration Act, Section 1851 et

seq. of Title 12 of the Oklahoma Statutes;

2. Arising under the Uniform Commercial Code, Section 1-101 et

seq. of Title 12A of the Oklahoma Statutes;

3. Arising under the Oklahoma General Corporation Act, Section

1001 et seq. of Title 18 of the Oklahoma Statutes;

4. Arising under the Oklahoma Limited Liability Company Act,

Section 2000 et seq. of Title 18 of the Oklahoma Statutes;

5. Arising under the Oklahoma Revised Uniform Partnership Act,

Section 1-100 et seq. of Title 54 of the Oklahoma Statutes;

6. Arising under the Uniform Limited Partnership Act of 2010,

Section 500-101A et seq. of Title 54 of the Oklahoma Statutes;

7. Arising under the Oklahoma Uniform Securities Act of 2004,

Section 1-101 et seq. of Title 71 of the Oklahoma Statutes;

8. Arising under the Uniform Trade Secrets Act, Section 85 et

seq. of Title 78 of the Oklahoma Statutes;

9. Shareholder and unitholder derivative actions;

10. That relates to the internal affairs of businesses

including, but not limited to, rights or obligations between or

among business participants regarding the liability or indemnity of

business participants, officers, directors, managers, trustees,

controlling shareholders or members, or partners;

11. Where the complaint includes a professional malpractice

claim arising out of a business dispute;

12. Involving tort claims between or among two or more business

entities or individuals as to their business or investment

activities relating to contracts, transactions, or relationships

between or among such entities or individuals;

13. For breach of contract, fraud, or misrepresentation between

businesses arising out of business transactions or relationships;

14. Arising from e-commerce agreements, technology licensing

agreements including, but not limited to, software and biotechnology

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license agreements, or any other agreement involving the licensing

of any intellectual property right including, but not limited to, an

agreement relating to patent rights; and

15. Involving commercial real property.

C. A business court shall have jurisdiction to hear complex

cases. For purposes of this act, “complex case” means an action

that requires exceptional judicial management to avoid placing

unnecessary burdens on the court or the litigants, expedite the

case, keep costs reasonable, and promote effective decision-making

by the court, parties, and counsel. In deciding whether an action

is a complex case, the court shall consider factors including, but

not limited to, whether the action is likely to involve:

1. Numerous hearings, and pretrial and dispositive motions

raising difficult or novel legal issues that will be time-consuming

to resolve;

2. Management of a large number of witnesses or a substantial

amount of documentary evidence;

3. Management of a large number of separately represented

parties;

4. Multiple expert witnesses;

5. Coordination with related actions pending in one or more

courts in other counties, states, or countries, or in a federal

court;

6. Substantial post-judgment judicial supervision; or

7. Legal or technical issues of complexity.

D. An action is presumptively a complex case, subject to

rebuttal, if it involves one or more of the following types of

claims:

1. Antitrust or trade regulation claims;

2. Intellectual property matters including, but not limited to,

trade secrets, copyrights, and patents;

3. Securities claims or investment losses involving more than

two parties;

4. Environmental or toxic tort claims involving more than two

parties;

5. Ownership or control of business claims;

6. Insurance coverage claims;

7. Construction defect claims involving many parties or

structures;

8. Product liability claims; or

9. Mass tort claims.

Nothing in this subsection shall be construed to include individual

consumer claims or transactions involving a retail customer of goods

or services who uses or intends to use such goods or services

primarily for personal, family, or household purposes; provided,

however, this paragraph shall not be construed to preclude the court

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from exercising jurisdiction over mass actions or class actions

involving such individual consumer claims.

E. A business court shall have supplemental jurisdiction over

any other claim related to a case or controversy within the court’s

jurisdiction that forms part of the same case or controversy. If a

party objects to the business court’s supplemental jurisdiction over

other claims, the business court judge may remand those claims to

the district court.

F. A business court shall not have authority to exercise

jurisdiction over claims arising under federal or state law, as

applicable, involving:

1. The Oklahoma Consumer Protection Act, Section 751 et seq. of

Title 15 of the Oklahoma Statutes;

2. Against a governmental entity or political subdivision under

Title 19 of the Oklahoma Statutes or under The Governmental Tort

Claims Act, Section 151 et seq. of Title 51 of the Oklahoma

Statutes;

3. Guardianship matters under Title 30 of the Oklahoma

Statutes;

4. Probate matters under Title 58 of the Oklahoma Statutes;

5. A deceptive trade practice as set forth in Section 53 of

Title 78 of the Oklahoma Statutes, to the extent such matter is not

a business dispute;

6. Residential landlord and tenant;

7. Personal injury and wrongful death;

8. Domestic relations;

9. Foreclosures;

10. Individual consumer claims or transactions involving a

retail customer of goods or services who uses or intends to use such

goods or services primarily for personal, family, or household

purposes; provided, however, this paragraph shall not be construed

to preclude the court from exercising jurisdiction over mass actions

or class actions involving such individual consumer claims;

11. Collections in matters involving a corporation or other

entity subject to the farming and ranching statutes of this state or

an individual farmer; or

12. Cases that would generally be considered consumer

transactions or human relation matters.

Added by Laws 2025, c. 316, § 6, eff. Sept. 1, 2025.

§20-91.7d. Filing, transferring, or removing actions — Venue.

A. Notwithstanding any other provision of law, no action shall

be eligible to be filed, transferred, or removed to a business court

division prior to January 1, 2026. Except as provided in subsection

F of Section 6 of this act, actions shall be brought before the

business court as follows:

Oklahoma Statutes - Title 20. Courts

1. An action within the subject matter jurisdiction of the

business court may be filed in the business court. An action that

arises in a county located within the jurisdiction of the United

States District Court for the Western District of Oklahoma shall be

filed in Business Court Division I; an action that arises in a

county located within the jurisdiction of the United States District

Court for the Northern District of Oklahoma or Eastern District of

Oklahoma shall be filed in Business Court Division II. Venue may be

established as provided by law or, if a written contract specifies a

county as venue for the action, as provided by the contract;

2. If the business court determines it does not have

jurisdiction over the action, the business court shall:

a.

transfer the action to a district court in a county

with jurisdiction over the action, or

b.

dismiss the action without prejudice to the rights of

the parties; and

3. If the business court determines that the venue is improper

as to the action, the business court shall transfer the action to

the court of proper venue, but the business court judge shall

continue to preside over the action.

B. 1. A district court in this state may transfer an action to

the business court division of proper venue if the district court

judge determines the business court has subject matter jurisdiction

over the action.

2. A party to an action filed in a district court that is

within the jurisdiction of the business court may remove the action

to the business court. If the business court does not have

jurisdiction of the action, the business court shall remand the

action to the court in which the action was originally filed.

C. A party may file an agreed notice of removal to the business

court at any time during the pendency of the action. If all parties

to the action have not agreed to remove the action, the notice of

removal shall be filed:

1. Not later than thirty (30) days after the date the party

requesting removal of the action discovered, or reasonably should

have discovered, facts establishing the business court’s

jurisdiction over the action; provided, however, in no event shall a

party have less than the amount of time to respond to the action

than to remove to the business court; or

2. If an application for temporary injunction is pending on the

date the party requesting removal of the action discovered, or

reasonably should have discovered, facts establishing the business

court’s jurisdiction over the action, not later than thirty (30)

days after the date the application is granted, denied, or denied as

a matter of law.

D. The notice of removal shall be filed with the business court

and the district court in which the action was originally filed. On

Oklahoma Statutes - Title 20. Courts

receipt of the notice, the clerk of the court in which the action

was originally filed shall immediately transfer the action to the

business court in accordance with the Oklahoma Pleading Code,

Section 2001 et seq. of Title 12 of the Oklahoma Statutes, and the

court clerk shall assign the action to the appropriate division of

the business court.

E. Unless otherwise provided in this section, all pleadings

shall be governed by the Oklahoma Pleading Code.

Added by Laws 2025, c. 316, § 7, eff. Sept. 1, 2025.

§20-91.7e. Jury trial — Venue — Non-jury trial — Disposition

schedule.

A. A jury trial may be reserved by a party if claimed within a

time period established by law. A jury trial conducted by the

business court judge shall be held in the county where the contract

stipulates as proper venue, where the action was originally filed,

if removed, or in any county of proper jurisdiction if originally

filed in a business court.

B. Non-jury trials in a business court shall be resolved within

twelve (12) months of the filing of the action. The twelve-month

disposition schedule may be extended if both parties agree to a

longer resolution period, or upon a finding by the business court of

extraordinary cause for such an extension, which shall be appealable

to the Supreme Court. An extension shall be memorialized in writing

by all parties and approved by the court.

Added by Laws 2025, c. 316, § 8, eff. Sept. 1, 2025.

§20-91.7f. Electronic filing — Fee.

A. The Supreme Court shall provide for electronic filing of

documents in the business courts of this state and shall promulgate

rules for the filing of documents transmitted by electronic devices.

B. A fee of One Thousand Five Hundred Dollars ($1,500.00) shall

be charged and collected by the court clerk at the time of filing

any action in, or upon the filing of a motion for removal to, a

business court division established pursuant to Section 91.7 of

Title 20 of the Oklahoma Statutes. Fees shall be charged and

collected pursuant to the fee schedule established for district

courts.

Added by Laws 2025, c. 316, § 9, eff. Sept. 1, 2025.