Oklahoma § 20-91.7 - Business court divisions
Full text of Oklahoma Oklahoma Statutes § 20-91.7 — Business court divisions, with citation guidance and answers to common questions.
§ 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:
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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.
Oklahoma Statutes - Title 20. Courts
§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.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 20-91.7
What does Oklahoma Statutes § 20-91.7 cover?
Section 20-91.7 ("Business court divisions") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 20-91.7?
A common citation format is "Oklahoma Statutes § 20-91.7" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 20-91.7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.