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SENATE FLOOR VERSION
March 5, 2025
AS AMENDED
SENATE BILL NO. 632 By: Paxton of the Senate
and
Hilbert of the House
[ business courts - salary - exception - secretary-
bailiff - appointment – qualifications -
reappointment - oath - vacancies - authority and
jurisdiction - claims - transfer - removal -
procedures - time limitation - extension -
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 wit h specific jurisdiction over actions involving
such commercial issues.
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 municipality county with a population
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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 Each business court divisions
division created shall be categorized and named numerically.
Business Court Division I shall be located in Oklahoma County and
quartered in Oklahoma City at the Court of Civil Appeals . Business
Court Division II shall be located in Tulsa County and quartered in
Tulsa at the Court of Civil Appeals .
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 provid ed by the Board on Judicial
Compensation after the effective date of this act April 28, 2021,
the following judicial officers shall r eceive compensation for their
services, payable monthly as follows:
1. A judge of the district court shall receive an annu al 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 a United States 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 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 district court shall hold court in the county seat of every
county in the district, in any city where a Superior Court superior
court held sessions and at such other pl aces within the district as
the district and associate district judges shall prescribe.
B. If a governing board of the Court Fund court fund receives a
request from a municipality that court be held within that
municipality and the board determines that s ufficient reasons exist
for establishing a court and that sufficient funds and space for a
court are made available by the municipali ty, the board may
establish 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
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Fund court fund to the Chief Justice of the Supreme Court and
approved by the Chief Justice.
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 judge , or business court judge
to serve at the will of the appointing judge as an unclassi fied
employee of the state exempt from the provisions of the Oklahoma
Merit System of Personnel Administration. The Chief Justice sh all
approve by administrative directive the number and assignments of
secretary-bailiffs in all counties of the state. Eac h 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 job 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 every county of the state each
district judge and each associate district judge , including business
court judges in counties with a business court division, may by
order appoint additional necessary court personnel subject to the
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approval of the Chief Justice. A part -time bailiff shall be paid
out of the court fund of 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
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 t he Chief Justice.
C. No judge shall engage more than one full -time secretary-
bailiff at any given time except only during the progre ss of a jury
trial, when a part-time bailiff may be engaged subject to the
approval of the Chief Justice. In the latter ev ent, 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 pai d 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
judge may engage a bailiff only on a p art-time basis when such judge
sits in the county as a judge pursuant to the procedures set forth
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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, includ ing 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 Dire ctor of the Courts shall develop and
promulgate job descriptions, salary schedules and time -keeping forms
for part-time bailiff personnel. The Chief Justice 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 any 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 appro ved
by the Chief Justice. Additional secretary -bailiff positions shall
be created as funding and employee positions are available.
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Counties shall be allowed 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 certified by
the Council on Law Enforcement Education and Tr aining (CLEET) as a
basic peace officer, shall have and exercise all the powers and
authority of a peace officer. The Offi ce 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 Okla homa 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, reads as follows:
A. 1. Each business court shall consist of one business court
judge to be appointed by the Governor.
2. A business court judge shall have the following
qualifications:
a. at least thirty-five (35) years of age,
b. United States citizen ,
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 ,
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(2) practicing business transaction law ,
(3) serving as a judge of a court in this state with
civil jurisdiction, and hearing a sub stantial
number of civil cases , or
(4) any combination of experience totaling ten (10)
years as described by divisions 1 through 3 of
this subparagraph.
B. 1. Beginning on the effective date of this act, a business
court judge shall serve for a term of six (6) years. A business
court judge may be reappointed. A business court judge shall take
the constitutional oath of office requir ed of appointed officers of
this state and file the oath with the Secretary of State.
2. If a vacancy occurs in an office of a business court judge,
the Governor shall appoint, in the same manner as the original
appointment, another person to serve for the remainder of the
unexpired term.
3. In the event that the docket of a business court judge
exceeds reasonable capacity, a district court 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 d uring such designation.
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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. When a business court di vision 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 Ok lahoma 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;
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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 o r
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 t o their business or investment
activities relating to contracts, transactions, or relationships
between or among such entities or ind ividuals;
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
license agreements, or any other agreement involving the licensing
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of any intellectual property right inclu ding, but not limited to, an
agreement relating to patent rights; and
15. Involving commercial real property .
B. In an action where any other relief is requested, the amount
in controversy shall be at least:
1. Two Hundred Fifty Thousand Dollars ($250,000.00) for claims
under subsection A of this section ; or
2. Five Hundred Thousand Dollars ($500,000.00) for claims in
complex cases as defined in subsection C of this section .
C. The 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 o n the court or the litigants and to expedite
the case, keep costs reasonable, and promote effective decision -
making by the court, the 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 substantia l
amount of documentary evidence;
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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 provisionally a complex case 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. 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. Mass tort claims ;
8. Class actions;
9. Ownership or control of business claims; or
10. Insurance coverage claims.
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E. Except as provided by subsection D of this section, the
business court shall have supplemental jurisdiction over any other
claim related to a case or controversy within the c ourt’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.
SECTION 7. NEW LAW A new section of law to be codified
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
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
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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 jurisdic tion
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 to an action filed in a district court of proper
venue that is not within an operating division of the business
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 actio n, the notice of
removal shall be filed:
1. Not later than thirty (30) days after the date the party
requesting removal of the actio n discovered, or reasonably should
have discovered, facts establishing the business court ’s
jurisdiction over the action; o r
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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.
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 cle rk 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.
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:
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. Such an extension shall be agreed upon in
writing by all parties and approved by the court.
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SECTION 9. This act shall become effective July 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 5, 2025 - DO PASS