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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 632 By: Paxton
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4
4
5 AS INTRODUCED
5
6 An Act relating to business courts; amending 20 O.S.
6 2021, Sections 91.7, 92.1A, 95.1, and 125, as amended
7 by Section 2, Chapter 271, O.S.L. 2022 (20 O.S. Supp.
7 2024, Section 125), which relate to business court
8 divisions, salaries, places of holding court, and
8 office of secretary-bailiff; creating business court
9 divisions in certain judicial districts; providing
9 for salary of judge of business court; providing
10 exception for location of holding court; authorizing
10 secretary-bailiff for business court judges; updating
11 statutory language; updating statutory reference;
11 providing for appointment of business court judges by
12 Governor; establishing qualifications for business
12 court judges; specifying term; authorizing
13 reappointment; requiring taking and filing of certain
13 oath; specifying method of filling vacancies;
14 authorizing temporary designation as business court
14 judge under certain circumstances; specifying
15 authority and jurisdiction of business court;
15 establishing subject matter jurisdiction of business
16 court; specifying amount in controversy jurisdiction;
16 defining term; specifying types of claims determined
17 to be complex claims; providing for supplemental
17 jurisdiction over certain claims; authorizing remand
18 upon certain objection; providing for filing with or
18 transferring actions to business court; requiring
19 transfer from business court upon certain
19 determinations; authorizing removal of certain
20 actions; prohibiting transfer or removal of certain
20 actions to business court; establishing procedures
21 for notice of removal; stating applicability of
21 Oklahoma Pleading Code; establishing time limitation
22 for disposition of certain trials; authorizing
22 extension upon agreement of parties; providing for
23 codification; and providing an effective date.
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Req. No. 1448 Page 1
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2 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3 SECTION 1. AMENDATORY 20 O.S. 2021, Section 91.7, is
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4 amended to read as follows:
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5 Section 91.7. A. The Oklahoma Legislature finds that, due to
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6 the complex nature of litigation involving highly technical
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7 commercial issues, there is a need for a court in Oklahoma's most
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8 populated counties with specific jurisdiction over actions involving
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9 such commercial issues.
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10 B. The Supreme Court is authorized to create There is hereby
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11 created a business court division within the district court of any
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12 judicial district containing a municipality county with a population
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13 in excess of three hundred thousand (300,000) five hundred thousand
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14 (500,000), according to the latest Federal Decennial Census.
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15 C. The Supreme Court shall promulgate rules for the
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16 establishment and jurisdiction of the Each business court divisions
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17 division created shall be categorized and named numerically.
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18 Business Court Division I shall be located in Oklahoma County and
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19 quartered in Oklahoma City at the Court of Civil Appeals. Business
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20 Court Division II shall be located in Tulsa County and quartered in
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21 Tulsa at the Court of Civil Appeals.
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22 SECTION 2. AMENDATORY 20 O.S. 2021, Section 92.1A, is
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23 amended to read as follows:
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1 Section 92.1A. For fiscal year 2021 and each fiscal year
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2 thereafter, except as otherwise provided by the Board on Judicial
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3 Compensation after the effective date of this act April 28, 2021,
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4 the following judicial officers shall receive compensation for their
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5 services, payable monthly as follows:
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6 1. A judge of the district court shall receive an annual salary
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7 of One Hundred Forty-five Thousand Five Hundred Sixty-seven Dollars
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8 ($145,567.00);
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9 2. An associate district judge shall receive an annual salary
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10 of One Hundred Thirty-four Thousand Two Hundred Sixty-one Dollars
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11 ($134,261.00); and
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12 3. A special judge shall receive an annual salary of One
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13 Hundred Twenty-two Thousand Nine Hundred Fifty-four Dollars
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14 ($122,954.00); and
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15 4. A business court judge shall receive an annual salary equal
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16 to that of a United States district court judge.
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17 SECTION 3. AMENDATORY 20 O.S. 2021, Section 95.1, is
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18 amended to read as follows:
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19 Section 95.1. A. Unless and until the Supreme Court or the
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20 Presiding Judge presiding judge of the judicial administrative
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21 district provides otherwise, and excluding any business courts
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22 established pursuant to Section 91.7 of this title, the District
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23 Court district court shall hold court in the county seat of every
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24 county in the district, in any city where a Superior Court superior
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1 court held sessions and at such other places within the district as
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2 the district and associate district judges shall prescribe.
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3 B. If a governing board of the Court Fund court fund receives a
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4 request from a municipality that court be held within that
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5 municipality and the board determines that sufficient reasons exist
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6 for establishing a court and that sufficient funds and space for a
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7 court are made available by the municipality, the board may
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8 establish a court, presided over by a special judge, in that
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9 municipality. The request to hold court in a municipality shall be
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10 included in the budget submitted by the governing board of the Court
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11 Fund court fund to the Chief Justice of the Supreme Court and
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12 approved by the Chief Justice.
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13 SECTION 4. AMENDATORY 20 O.S. 2021, Section 125, as
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14 amended by Section 2, Chapter 271, O.S.L. 2022 (20 O.S. Supp. 2024,
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15 Section 125), is amended to read as follows:
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16 Section 125. A. In all counties of the state there is created
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17 the office of secretary-bailiff for district judges and associate
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18 district judges, and a secretary-bailiff for business court judges,
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19 with each such secretary-bailiff to be appointed by order of the
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20 district judge, or associate district judge, or business court judge
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21 to serve at the will of the appointing judge as an unclassified
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22 employee of the state exempt from the provisions of the Oklahoma
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23 Merit System of Personnel Administration. The Chief Justice shall
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24 approve by administrative directive the number and assignments of
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1 secretary-bailiffs in all counties of the state. Each secretary-
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2 bailiff shall be paid a salary pursuant to the salary schedule
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3 established by the annual appropriation for the district courts and
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4 in accordance with the job description for the position to which
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5 appointed. For fiscal year 2023 and each fiscal year thereafter,
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6 each secretary-bailiff shall receive an annual salary of Forty-two
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7 Thousand Dollars ($42,000.00). In every county of the state each
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8 district judge and each associate district judge, including business
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9 court judges in counties with a business court division, may by
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10 order appoint additional necessary court personnel subject to the
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11 approval of the Chief Justice. A part-time bailiff shall be paid
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12 out of the court fund of the county where appointed at the rate set
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13 by administrative directive for each hour that such person actually
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14 attends the court and performs services, or a pro rata fraction
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15 thereof for less than an hour of service. Notwithstanding any other
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16 provision of law, each district judge and associate district judge
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17 may contract with the sheriff of the county to allow a deputy
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18 sheriff to provide bailiff service to the court.
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19 B. With the approval of the presiding judge, a special judge
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20 may appoint a secretary-bailiff or other personnel in accordance
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21 with the administrative order of the Chief Justice.
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22 C. No judge shall engage more than one full-time secretary-
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23 bailiff at any given time except only during the progress of a jury
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24 trial, when a part-time bailiff may be engaged subject to the
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1 approval of the Chief Justice. In the latter event, no more than
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2 one additional bailiff shall be engaged to take charge of the jury.
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3 The costs of meals and lodging of bailiffs ordered to keep a jury
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4 together during the process of a trial or after the jury retires for
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5 deliberation shall be lawfully paid from the court fund.
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6 D. A district judge who sits regularly in more than one county
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7 may employ only one full-time secretary-bailiff in the judicial
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8 district of the judge, and in any other county of the district the
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9 judge may engage a bailiff only on a part-time basis when such judge
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10 sits in the county as a judge pursuant to the procedures set forth
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11 by the Chief Justice in the administrative directive. The cost of
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12 the operation of the office of a district judge of a multi-county
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13 judicial district, including the purchase of equipment and supplies,
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14 may be apportioned among the counties of that judicial district, or
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15 appropriate division of that district, based upon the percentage of
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16 revenue collected by the courts of the district.
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17 E. The Administrative Director of the Courts shall develop and
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18 promulgate job descriptions, salary schedules and time-keeping forms
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19 for part-time bailiff personnel. The Chief Justice of the Oklahoma
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20 Supreme Court, through the Office of the Administrative Director of
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21 the Courts, shall promulgate rules for the compensation for overtime
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22 for all secretary-bailiff and part-time bailiff personnel employed.
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23 F. Persons employed by a county that does not meet the
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24 requirements of Section 951 of Title 19 of the Oklahoma Statutes,
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1 and who serve as full-time secretary-bailiffs or full-time bailiffs
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2 shall be eligible to participate in the state retirement system and
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3 state insurance programs and any other benefits as are provided to
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4 state employees in the unclassified service. All part-time bailiff
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5 personnel shall be compensated by the local court fund.
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6 G. On October 1, 1989, the position of full-time bailiff shall
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7 be redesignated as the position of secretary-bailiff in accordance
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8 with the job descriptions, salary schedules, and procedures approved
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9 by the Chief Justice. Additional secretary-bailiff positions shall
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10 be created as funding and employee positions are available.
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11 Counties shall be allowed to provide additional support personnel to
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12 the judges sitting in such counties to the extent that funding is
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13 available.
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14 H. Any secretary-bailiff, who is CLEET-certified certified by
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15 the Council on Law Enforcement Education and Training (CLEET) as a
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16 basic peace officer, shall have and exercise all the powers and
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17 authority of a peace officer. The Office of the Administrative
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18 Director of the Courts shall promulgate rules which prescribe the
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19 duties for all CLEET-certified secretary-bailiffs. The provisions
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20 of this subsection will not entitle a CLEET-certified secretary-
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21 bailiff to participate in the Oklahoma Police Pension and Retirement
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22 System.
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1 SECTION 5. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 91.7b of Title 20, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. 1. Each business court shall consist of one business court
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5 judge to be appointed by the Governor.
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6 2. A business court judge shall have the following
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7 qualifications:
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8 a. at least thirty-five (35) years of age,
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9 b. United States citizen,
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10 c. a licensed attorney in good standing in this state
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11 with ten (10) or more years of experience in:
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12 (1) practicing complex civil business litigation,
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13 (2) practicing business transaction law,
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14 (3) serving as a judge of a court in this state with
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15 civil jurisdiction, and hearing a substantial
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16 number of civil cases, or
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17 (4) any combination of experience totaling ten (10)
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18 years as described by divisions 1 through 3 of
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19 this subparagraph.
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20 B. 1. Beginning on the effective date of this act, a business
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21 court judge shall serve for a term of six (6) years. A business
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22 court judge may be reappointed. A business court judge shall take
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23 the constitutional oath of office required of appointed officers of
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24 this state and file the oath with the Secretary of State.
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1 2. If a vacancy occurs in an office of a business court judge,
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2 the Governor shall appoint, in the same manner as the original
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3 appointment, another person to serve for the remainder of the
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4 unexpired term.
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5 3. In the event that the docket of a business court judge
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6 exceeds reasonable capacity, a district court judge may sit in
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7 designation temporarily as a business court judge to assist in
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8 caseload management. The designated district court judge shall have
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9 the same authority as the business court judge in relation to the
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10 cases assigned to them during such designation.
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11 SECTION 6. NEW LAW A new section of law to be codified
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12 in the Oklahoma Statutes as Section 91.7c of Title 20, unless there
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13 is created a duplication in numbering, reads as follows:
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14 A. When a business court division is created pursuant to
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15 Section 91.7 of Title 20 of the Oklahoma Statutes, certain cases,
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16 excluding arbitration cases, filed on or after January 1, 2026, may
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17 be assigned to the business court docket. The business court shall
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18 have the power to grant any relief that may be granted by a district
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19 court and may exercise concurrent jurisdiction and the powers of a
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20 court of equity, to the extent that such powers are exercised.
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21 Notwithstanding the amount in controversy, where equitable relief is
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22 requested in a business dispute, a business court may hear an
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23 action:
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1 1. Arising under the Uniform Arbitration Act, Section 1851 et
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2 seq. of Title 12 of the Oklahoma Statutes;
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3 2. Arising under the Uniform Commercial Code, Section 1-101 et
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4 seq. of Title 12A of the Oklahoma Statutes;
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5 3. Arising under the Oklahoma General Corporation Act, Section
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6 1001 et seq. of Title 18 of the Oklahoma Statutes;
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7 4. Arising under the Oklahoma Limited Liability Company Act,
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8 Section 2000 et seq. of Title 18 of the Oklahoma Statutes;
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9 5. Arising under the Oklahoma Revised Uniform Partnership Act,
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10 Section 1-100 et seq. of Title 54 of the Oklahoma Statutes;
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11 6. Arising under the Uniform Limited Partnership Act of 2010,
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12 Section 500-101A et seq. of Title 54 of the Oklahoma Statutes;
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13 7. Arising under the Oklahoma Uniform Securities Act of 2004,
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14 Section 1-101 et seq. of Title 71 of the Oklahoma Statutes;
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15 8. Arising under the Uniform Trade Secrets Act, Section 85 et
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16 seq. of Title 78 of the Oklahoma Statutes;
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17 9. Shareholder and unitholder derivative actions;
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18 10. That relates to the internal affairs of businesses
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19 including, but not limited to, rights or obligations between or
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20 among business participants regarding the liability or indemnity of
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21 business participants, officers, directors, managers, trustees,
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22 controlling shareholders or members, or partners;
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23 11. Where the complaint includes a professional malpractice
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24 claim arising out of a business dispute;
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1 12. Involving tort claims between or among two or more business
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2 entities or individuals as to their business or investment
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3 activities relating to contracts, transactions, or relationships
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4 between or among such entities or individuals;
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5 13. For breach of contract, fraud, or misrepresentation between
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6 businesses arising out of business transactions or relationships;
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7 14. Arising from e-commerce agreements, technology licensing
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8 agreements including, but not limited to, software and biotechnology
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9 license agreements, or any other agreement involving the licensing
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10 of any intellectual property right including, but not limited to, an
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11 agreement relating to patent rights; and
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12 15. Involving commercial real property.
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13 B. In an action where any other relief is requested, the amount
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14 in controversy shall be at least:
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15 1. Two Hundred Fifty Thousand Dollars ($250,000.00) for claims
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16 under subsection A of this section; or
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17 2. Five Hundred Thousand Dollars ($500,000.00) for claims in
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18 complex cases as defined in subsection C of this section.
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19 C. The business court shall have jurisdiction to hear complex
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20 cases. For purposes of this act, "complex case" means an action
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21 that requires exceptional judicial management to avoid placing
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22 unnecessary burdens on the court or the litigants and to expedite
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23 the case, keep costs reasonable, and promote effective decision-
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24 making by the court, the parties, and counsel. In deciding whether
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1 an action is a complex case, the court shall consider factors
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2 including, but not limited to, whether the action is likely to
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3 involve:
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4 1. Numerous hearings, and pretrial and dispositive motions
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5 raising difficult or novel legal issues that will be time-consuming
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6 to resolve;
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7 2. Management of a large number of witnesses or a substantial
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8 amount of documentary evidence;
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9 3. Management of a large number of separately represented
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10 parties;
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11 4. Multiple expert witnesses;
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12 5. Coordination with related actions pending in one or more
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13 courts in other counties, states, or countries, or in a federal
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14 court;
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15 6. Substantial post-judgment judicial supervision; or
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16 7. Legal or technical issues of complexity.
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17 D. An action is provisionally a complex case if it involves one
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18 or more of the following types of claims:
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19 1. Antitrust or trade regulation claims;
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20 2. Intellectual property matters including, but not limited to,
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21 trade secrets, copyrights, and patents;
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22 3. Construction defect claims involving many parties or
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23 structures;
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1 4. Securities claims or investment losses involving many
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2 parties;
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3 5. Environmental or toxic tort claims involving many parties;
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4 6. Product liability claims;
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5 7. Mass tort claims;
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6 8. Class actions;
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7 9. Ownership or control of business claims; or
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8 10. Insurance coverage claims.
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9 E. Except as provided by subsection D of this section, the
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10 business court shall have supplemental jurisdiction over any other
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11 claim related to a case or controversy within the court's
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12 jurisdiction that forms part of the same case or controversy. If a
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13 party objects to the business court's supplemental jurisdiction over
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14 other claims, the business court judge may remand those claims to
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15 the district court.
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16 SECTION 7. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 91.7d of Title 20, unless there
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18 is created a duplication in numbering, reads as follows:
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19 A. Except as provided in subsection B of this section, actions
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20 shall be brought before the business court as follows:
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21 1. An action within the jurisdiction of the business court may
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22 be filed in the business court. The filing party shall plead facts
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23 sufficient to establish venue in a county in a division of the
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24 business court. Venue may be established as provided by law or, if
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1 a written contract specifies a county as venue for the action, as
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2 provided by the contract;
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3 2. If the business court determines it does not have
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4 jurisdiction over the action, the business court shall:
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5 a. transfer the action to a district court in a county
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6 with jurisdiction over the action, or
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7 b. dismiss the action without prejudice to the rights of
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8 the parties; and
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9 3. If the business court determines that the venue is improper
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10 as to the action, the business court shall transfer the action to
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11 the court of proper venue.
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12 B. 1. A district court in this state may transfer an action to
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13 the business court division of proper venue if the district court
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14 judge determines the business court has subject matter jurisdiction
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15 over the action.
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16 2. A party to an action filed in a district court that is
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17 within the jurisdiction of the business court may remove the action
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18 to the business court. If the business court does not have
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19 jurisdiction of the action, the business court shall remand the
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20 action to the court in which the action was originally filed.
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21 C. A party to an action filed in a district court of proper
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22 venue that is not within an operating division of the business
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23 court, or the judge of the court in which the action is filed, shall
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24 not remove or transfer the action to the business court.
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1 D. A party may file an agreed notice of removal to the business
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2 court at any time during the pendency of the action. If all parties
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3 to the action have not agreed to remove the action, the notice of
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4 removal shall be filed:
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5 1. Not later than thirty (30) days after the date the party
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6 requesting removal of the action discovered, or reasonably should
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7 have discovered, facts establishing the business court's
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8 jurisdiction over the action; or
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9 2. If an application for temporary injunction is pending on the
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10 date the party requesting removal of the action discovered, or
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11 reasonably should have discovered, facts establishing the business
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12 court's jurisdiction over the action, not later than thirty (30)
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13 days after the date the application is granted, denied, or denied as
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14 a matter of law.
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15 E. The notice of removal shall be filed with the business court
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16 and the district court in which the action was originally filed. On
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17 receipt of the notice, the clerk of the court in which the action
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18 was originally filed shall immediately transfer the action to the
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19 business court in accordance with the Oklahoma Pleading Code,
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20 Section 2001 et seq. of Title 12 of the Oklahoma Statutes, and the
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21 court clerk shall assign the action to the appropriate division of
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22 the business court.
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23 F. Unless otherwise provided in this section, all pleadings
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24 shall be governed by the Oklahoma Pleading Code.
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1 SECTION 8. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 91.7e of Title 20, unless there
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3 is created a duplication in numbering, reads as follows:
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4 Non-jury trials in a business court shall be resolved within
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5 twelve (12) months of the filing of the action. The twelve-month
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6 disposition schedule may be extended if both parties agree to a
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7 longer resolution period. Such an extension shall be agreed upon in
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8 writing by all parties and approved by the court.
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9 SECTION 9. This act shall become effective July 1, 2026.
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Req. No. 1448 Page 16Every fact on this page links to its source, starting with the official bill record.