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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
CONFERENCE COMMITTEE
SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1562 By: Duel of the House
and
Howard of the Senate
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to business courts; amending Section
5 of Enrolled Senate Bill No. 632 of the 1st Session
of the 60th Oklahoma Legislature, which relates to
the creation of business courts; modifying provisions
relating to the jurisdiction of business courts; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 5 of Enrolled Senate Bill
No. 632 of the 1st Session of the 60th Oklahoma Legislature is
amended to read as follows:
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
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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;
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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
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
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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;
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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
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:
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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;
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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.; or
13. Matters involving royalty or mineral owners, except cases
in which all parties consent to jurisdiction or the case is a class
action.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-13837 AO 05/28/25