The Oklahoma Bar Journal April 2026

Collections in matters

structures; 8) product liability claims; or 9) mass tort claims. 53 Actions involving any of the fol lowing are expressly excluded from a business court’s jurisdiction: The Oklahoma Consumer Protection Act, Section 751 et seq. of Title 15 of the Oklahoma Statutes; Actions against a govern mental 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; Guardianship matters under Title 30 of the Oklahoma Statutes; Probate matters under Title 58 of the Oklahoma Statutes; 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; Residential landlord and tenant claims; Personal injury and wrong ful death actions; Domestic relations matters; Foreclosures; Individual consumer claims

Removal . At any time during the pendency of an action in which the business court would have jurisdiction, the parties may file by agreement a notice of removal to the business court. Regardless of whether agreement is reached, a party may remove an action to a business court if the notice of removal is filed within 30 days after the date the party requesting removal discovered, or reasonably should have dis covered, facts establishing the business court’s jurisdiction over the action, provided, however, that in no event shall a party have less than the time to respond to the action than to remove to the busi ness court. 61 The notice of removal shall be filed with the business court and the district court in which the action was originally filed. 62 Upon 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, and the court clerk shall assign the action to the appropri ate division of the business court. 63 Jury trials and nonjury trials . Jury trials may be reserved by a party if a demand is made within the period required by law and shall be conducted by the business court judge and held in the county where the contract stipulates proper venue, where the action was originally filed, if removed, or in any county of proper jurisdiction if originally filed in a business court. 64 Nonjury trials are required to be resolved within 12 months of the filing of the action unless both parties agree to a longer resolu tion period or upon a finding by the business court of extraordi nary cause for such an extension,

involving a corporation or other entity subject to the farming and ranching statutes of this state or an individual farmer; or Cases that would generally

be considered consumer transactions or human relations matters. 54

Actions within the subject matter jurisdiction of a business court may be filed in Business Court Division I or Business Court Division II. 55 Cases may be filed in Division I when the action arises in a county located within the jurisdiction of the United States District Court for the Western District of Oklahoma and in Division II when the action arises in a county located within the jurisdiction of the United States District Court for the Northern District of Oklahoma or the Eastern District of Oklahoma. 56 If a business court determines that it does not have jurisdiction over the action, the action is to be either transferred to a district court in a county with jurisdiction over the action or dismissed without preju dice to the rights of the parties. 57 Other Procedural Matters SB 632 addresses a variety of pro cedural matters, including venue, removal, jury trials and filing fees. 58 Venue . If venue is deemed to be improper, the business court shall transfer the action to the court of proper venue, but the business court judge shall continue to pre side over the action. 59 Additionally, district courts may transfer actions to business courts of proper venue if the district court judge deter mines that the business court has proper subject matter jurisdiction over the action. 60

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 house hold purposes, provided, however, this paragraph shall not be construed to preclude the court from exercising jurisdiction over mass actions or class actions involving such indi vidual consumer claims;

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

APRIL 2026 | 13

THE OKLAHOMA BAR JOURNAL