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ENGROSSED HOUSE
BILL NO. 1562 By: Duel of the House
and
Howard of the Senate
[ courts - business court division – municipalities -
compensation - judicial officers - salary -
business court judges - district court - secretary-
bailiff - requirements - term limits - jurisdiction
- proper venue - time limit - nonjury trials -
filing fee - electronic filing – codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O.S. 2021, Section 91.7, is
amended to read as follows:
Section 91.7. A. The Oklahoma Legislature finds that, due to
the complex nature of litigation involving highly technical
commercial issues, there is a need for a court in Oklahoma's most
populated counties with specific jurisdiction over actions involving
such commercial issues.
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B. The Supreme Court is authorized to create There is hereby
created a business court division within the district court of any
judicial district containing a municipalit y with a population in
excess of three hundred thousand (300,000) five hundred thousand
(500,000), according to the latest Federal Decennial Census.
C. The Supreme Court shall promulgate rules for the
establishment and jurisdiction of the business court d ivisions Each
business court division created shall hereinafter be categorized and
named numerically. Business Court Division I shall be located in
Oklahoma County. Business Court Division II shall be located in
Tulsa County.
SECTION 2. AMENDATORY 20 O.S. 2021, Section 92.1A, is
amended to read as follows:
Section 92.1A. For fiscal year 2021 and each fiscal year
thereafter, except as otherwise provided by the Board on Judicial
Compensation after the effective date of this act, t he following
judicial officers shall receive compensation for their services,
payable monthly as follows:
1. A judge of the district court shall receive an annual salary
of One Hundred Forty -five Thousand Five Hundred Sixty -seven Dollars
($145,567.00);
2. An associate district judge shall receive an annual salary
of One Hundred Thirty -four Thousand Two Hundred Sixty -one Dollars
($134,261.00); and
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3. A special judge shall receive an annual salary of One
Hundred Twenty-two Thousand Nine Hundred Fifty -four Dollars
($122,954.00); and
4. A business court judge shall receive an annual salary equal
to that of an Oklahoma district court judge .
SECTION 3. AMENDATORY 20 O.S. 2021, Section 95.1, is
amended to read as follows:
Section 95.1. A. Unless and until the Supreme Court or the
Presiding Judge of the judicial administrative district provides
otherwise, and excluding any business courts established pursuant to
Section 91.7 of this title, the District Court shall hold court in
the county seat of every county in the district, in any city where a
Superior Court held sessions and at such other places within the
district as the district and associate district judges shall
prescribe.
B. If a governing board of the Court Fund receives a req uest
from a municipality that court be held within that municipality and
the board determines that sufficient reasons exist for establishing
a court and that sufficient funds and space for a court are made
available by the municipality, the board may estab lish a court,
presided over by a special judge, in that municipality. The request
to hold court in a municipality shall be included in the budget
submitted by the governing board of the Court Fund to the Chief
Justice of the Supreme Court and approved by the Chief Justice.
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SECTION 4. AMENDATORY 20 O.S. 2021, Section 125, as
amended by Section 2, Chapter 271, O.S.L. 2022 (20 O.S. Supp. 2024,
Section 125), is amended to read as follows:
Section 125. A. In all counties of the state there is created
the office of secretary -bailiff for district judges and associate
district judges, and a secretary-bailiff for business court judges,
with each such secretary -bailiff to be appointed by order of the
district judge or, associate district j udge, or business court judge
to serve at the will of the appointing judge as an unclassified
employee of the state exempt from the provisions of the Oklahoma
Merit System of Personnel Administration. The Chief Justice shall
approve by administrative dire ctive the number and assignments of
secretary-bailiffs in all counties of the state. Each secretary -
bailiff shall be paid a salary pursuant to the salary schedule
established by the annual appropriation for the district courts and
in accordance with the j ob description for the position to which
appointed. For fiscal year 2023 and each fiscal year thereafter,
each secretary-bailiff shall receive an annual salary of Forty -two
Thousand Dollars ($42,000.00). In each county for which a business
court sits, the presiding business court judge shall appoint a law
clerk to serve at the will of the appointing business court judge as
an unclassified employee exempt from the provisions of the Oklahoma
Merit System of Personnel Administration. In every county of the
state each district judge and each associate district judge ,
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including business court judges, may by order appoint additional
necessary court personnel subject to the approval of the Chief
Justice. A part-time bailiff shall be paid out of the court fund o f
the county where appointed at the rate set by administrative
directive for each hour that such person actually attends the court
and performs services, or a pro rata fraction thereof for less than
an hour of service. Notwithstanding any other provision of law,
each district judge and, associate district judge , and business
court judge may contract with the sheriff of the county to allow a
deputy sheriff to provide bailiff service to the court.
B. With the approval of the presiding judge, a special judge
may appoint a secretary -bailiff or other personnel in accordance
with the administrative order of the Chief Justice.
C. No judge shall engage more than one full -time secretary-
bailiff at any given time except only during the progress of a jury
trial, when a part-time bailiff may be engaged subject to the
approval of the Chief Justice. In the latter event, no more than
one additional bailiff shall be engaged to take charge of the jury.
The costs of meals and lodging of bailiffs ordered to keep a jury
together during the process of a trial or after the jury retires for
deliberation shall be lawfully paid from the court fund.
D. A district judge who sits regularly in more than one county
may employ only one full -time secretary-bailiff in the judicial
district of the judge, and in any other county of the district the
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judge may engage a bailiff only on a part -time basis when such judge
sits in the county as a judge pursuant to the procedures set forth
by the Chief Justice in the administrative directive. The cost of
the operation of the office of a district judge of a multi -county
judicial district, including the purchase of equipment and supplies,
may be apportioned among the counties of that judicial district, or
appropriate division of that district, based upon the percentage of
revenue collected by the courts of the district.
E. The Administrative Director of the Courts shall develop and
promulgate job descriptions, salary schedules and time -keeping forms
for part-time bailiff personnel. The Chief Justic e of the Oklahoma
Supreme Court, through the Office of the Administrative Director of
the Courts, shall promulgate rules for the compensation for overtime
for all secretary-bailiff and part-time bailiff personnel employed.
F. Persons employed by a county that does not meet the
requirements of Section 951 of Title 19 of the Oklahoma Statutes,
and who serve as full -time secretary-bailiffs or full-time bailiffs
shall be eligible to participate in the state retirement system and
state insurance programs and an y other benefits as are provided to
state employees in the unclassified service. All part -time bailiff
personnel shall be compensated by the local court fund.
G. On October 1, 1989, the position of full -time bailiff shall
be redesignated as the position of secretary-bailiff in accordance
with the job descriptions, salary schedules, and procedures approved
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by the Chief Justice. Additional secretary -bailiff positions shall
be created as funding and employee positions are available.
Counties shall be allow ed to provide additional support personnel to
the judges sitting in such counties to the extent that funding is
available.
H. Any secretary-bailiff, who is CLEET -certified as a basic
peace officer, shall have and exercise all the powers and authority
of a peace officer. The Office of the Administrative Director of
the Courts shall promulgate rules which prescribe the duties for all
CLEET-certified secretary-bailiffs. The provisions of this
subsection will not entitle a CLEET -certified secretary-bailiff to
participate in the Oklahoma Police Pension and Retirement System.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 91.7b of Title 20, unless there
is created a duplication in numbering, re ads as follows:
A. There is hereby created the Joint Committee on Judicial
Vacancy Appointments. The Committee shall be responsible for
providing the Governor with a list of five nominees for judicial
appointment to each business court. The Governor sha ll appoint one
of the five nominees to the business court to preside as the
business court judge. The Committee shall consist of ten (10)
members, to be appointed as follows:
1. Five members of the Senate to be appointed by the President
Pro Tempore of the Oklahoma State Senate. Four of the members shall
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be from the majority party and one member shall be from the minority
party; and
2. Five members of the Oklahoma House of Representatives to be
appointed by the Speaker of the House of Representatives. Four of
the members shall be from the majority party and one member shall be
from the minority party .
B. The chairman and vice -chairman of the Committee shall be
designated from the membership of the Committee by the Speaker of
the House of Representative s and the President Pro Tempore of the
Senate as provided for in this subsection. The President Pro
Tempore of the Senate shall designate the initial chairman who shall
serve until the convening of the First Regular Session of the 61st
Oklahoma Legislature. The Speaker of the House of Representatives
shall designate the initial vice -chairman who shall serve until the
convening of the First Regular Session of the 61st Oklahoma
Legislature. Thereafter, the chairmanship shall alternate every two
(2) years between the House of Representatives and the Senate,
beginning with the convening of the First Regular Session of the
Legislature.
C. All members of the Committee shall serve at the pleasure of
the appointing authority.
D. All actions of the Committee sha ll require a quorum which
shall be defined as a majority of the members appointed.
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E. Staff for the Committee shall be provided by the House of
Representatives and Senate from their existing staff.
F. A business court judge shall serve a term of eight (8 )
years, beginning September 1 of every even -numbered year and may be
reappointed except as otherwise provided by this subsection. The
first business court judge appointed to Business Court Division II
shall serve a term of four (4) years beginning Septem ber 1 of every
even-numbered year 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. If a vacancy occurs in an office of a business court judge,
in the same manner as the original appointment, another person shall
be appointed to serve for the remainder of the unexpired term. In
the event that the docket of a business court judge exceeds
reasonable capacity, a district cour t judge may 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 desi gnation.
G. Each business court judge must meet the following
requirements:
1. Be at least thirty -five (35) years of age;
2. Be a United States citizen; and
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3. Be a licensed attorney in good standing in this state who
has ten (10) or more years of expe rience in practicing complex civil
business litigation, practicing business transaction law, serving as
a judge of a court in this state with civil jurisdiction, or a
combination of experience described by this paragraph.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 91.7c of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. Except as provided for by subsection F of this section, and
notwithstanding the am ount in controversy, each business court shall
have the authority to exercise jurisdiction and the powers of a
court of equity, where equitable relief is requested in claims:
1. Pursuant to the Oklahoma Uniform Arbitration Act, Section
1851 et seq. of Title 12 of the Oklahoma Statutes;
2. Pursuant to the Oklahoma Uniform Trade Secrets Act, Section
85 et seq. of Title 78 of the Oklahoma Statutes;
3. Pursuant to the Oklahoma Uniform Securities Act of 2004,
Section 1-101 et seq. of Title 71 of the Oklahoma Statutes;
4. Pursuant to the Oklahoma Uniform Commercial Code, Section 1 -
101 et seq. of Title 12A of the Oklahoma Statutes;
5. Pursuant to the Oklahoma General Corporation Act, Section
1001 et seq. of Title 18 of the Oklahoma Statutes;
6. Pursuant to the Oklahoma Revised Uniform Partnership Act,
Section 1-100 et seq. of Title 54 of the Oklahoma Statutes;
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7. Pursuant to the Oklahoma Uniform Limited Partnership Act of
2010, Section 500-101A, et seq. of Title 54 of the Oklahoma
Statutes;
8. Pursuant to the Oklahoma Limited Liability Company Act,
Section 2000 et seq. of Title 18 of the Oklahoma Statutes;
9. Shareholder and unitholder derivative actions;
10. That relate to the internal affairs of businesses,
including, but not limited to, rights or obligat ions between or
among business participants regarding the liability or indemnity of
business participants, officers, directors, managers, trustees,
controlling shareholders or members, or partners;
11. Arising under federal law over which courts of this s tate
have concurrent jurisdiction;
12. Where the complaint includes a professional malpractice
claim arising out of a business dispute;
13. Involving tort claims between or among two or more business
entities or individuals as to their business or invest ment
activities relating to contracts, transactions, or relationships
between or among such entities or individuals;
14. For breach of contract, fraud, or misrepresentation between
businesses arising out of business transactions or relationships;
15. Arising from e-commerce agreements; technology licensing
agreements, including, but not limited to, software and
biotechnology license agreements; or any other agreement involving
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the licensing of any intellectual property right, including, but not
limited to, an agreement relating to patent rights;
16. Involving commercial real property; and
17. Involving claims that present sufficiently complex
commercial issues that would have significant implications for the
larger business community, including but not l imited to, cases with
subject matter that technically would render the case "excluded"
pursuant to subsection F of this section, as recommended by the
business court judge and as determined within the discretion of the
Chief Justice.
B. Where any other re lief is requested, the amount in
controversy shall be at least Five Hundred Thousand Dollars
($500,000.00) for claims under subsection A of this section and Five
Hundred Thousand Dollars ($500,000.00) for claims in complex cases.
As used in this section, a "complex case" means an action that
requires exceptional judicial management to avoid placing
unnecessary burdens on the court or the litigants and to expedite
the case, keep costs reasonable, and promote effective decision
making by the court, the parti es, and counsel. In deciding whether
an action is a complex case, the court must consider, among other
things, whether the action is likely to involve:
1. Numerous hearings, pretrial and dispositive motions raising
difficult or novel legal issues that wi ll be time-consuming to
resolve;
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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.
C. An action is provisionally a complex case if it i nvolves one
or more of the following types of claims:
1. Antitrust or trade regulation claims;
2. Intellectual property matters, such as trade secrets,
copyrights, or patents;
3. Construction defect claims involving many parties or
structures;
4. Securities claims or investment losses involving many
parties;
5. Environmental or toxic tort claims involving many parties;
6. Product liability claims;
7. Claims involving mass torts;
8. Claims involving class actions;
9. Ownership or control of business claims; or
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10. Insurance coverage claims arising out of any complex case
described in paragraphs 1 through 9 of this subsection.
D. Each business court shall have supplemental jurisdiction
over all pending claims that are so related to the claims in cas es
provided for under subsection A of this section that such pending
claims form part of the same case or controversy.
E. Each business court shall exercise such other powers, not
contrary to the Constitution, as are or may be given to such a court
by law.
F. A business court shall not have authority to exercise
jurisdiction over claims arising under federal or state law, as
applicable, involving:
1. Residential landlord and tenant disputes;
2. To the extent not a business dispute, cases arising under
the Oklahoma Deceptive Trade Practices Act, Section 53 of Title 78
of the Oklahoma Statutes;
3. Cases arising under the Oklahoma Consumer Protection Act,
Section 751 et seq. of Title 15 of the Oklahoma Statutes;
4. Personal injury and wrongful death actio ns;
5. Matters involving domestic relations;
6. Matters arising under Title 58 of the Oklahoma Statutes
relating to probate;
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7. Matters by or against any governmental entity, political
subdivision, arising under Title 19 of the Oklahoma Statutes, or
arising under The Oklahoma Governmental Tort Claims Act;
8. Foreclosures;
9. 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 hou sehold
purposes; provided, however, that this paragraph shall not be
construed to preclude the court from exercising jurisdiction over
mass actions or class actions involving such individual consumer
claims;
10. Collections in matters involving a corporat ion or other
entity subject to the Oklahoma farming and ranching statutes or an
individual farmer; or
11. Cases that would generally be considered consumer
transactions or human relation matters.
SECTION 7. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 91.7d of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. Except as provided in subsection B of this section, actions
shall be brought before the business court as follows:
1. An action within the jurisdiction of the business court may
be filed in the business court. The filing party shall plead facts
sufficient to establish venue in a county in a division of the
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business court. 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.
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 fi led 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 to an action filed in a district court of proper
venue that is not within an operating division of the business
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court, or the judge of the court in which the action is filed, shall
not remove or transfer the action to the business court.
D. 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; 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 gran ted, denied, or denied as
a matter of law.
E. The notice of removal shall be filed with the business court
and the district court in which the action was originally filed. On
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.
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F. Unless otherwise provided in this section, all pleadings
shall be governed by the Oklahoma Pleading Code.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 91.7e of Title 20, unless there
is created a duplication in numbering, reads as follows:
Nonjury 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. Such an extension shall be agreed upon in
writing by all parties and approved by the court.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 91.7f of Title 20, unless there
is created a duplication in numbering, reads as follows:
Business Court Division I shall be quartered in Oklahoma City at
the Oklahoma Court of Civil Appeals. Business Court Division II
shall be quartered in Tulsa at the Oklahoma Court of Civil Appeals.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 91.7g of Title 20, unless there
is created a duplication in numbering, reads as follows:
A fee of Two Thousand Five Hundred Dollars ($2,500.00) shall be
charged and collected by the court clerk at the time of filing any
lawsuit in a business court division established pursuant to Section
1 of this act. A fee of Fifty Dollars ($50.00) shall be charged and
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collected at the time of filing by the court clerk for any motion
thereafter filed within the same lawsuit.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 91.7h of Title 20, unless there
is created a duplication in numbering, reads as follows:
The Supreme Court is authorized to provide for electronic filing
of documents in Oklahoma business courts. The Administrative Office
of the Courts shall promulgate rules for the filing of documents
transmitted by electronic device. Rules for electronic filing must
have the approval of the Supreme Court.
SECTION 12. This act shall become effective November 1, 2025.
Passed the House of Representatives the 24th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2025.
Presiding Officer of the Senate