USA – OKLAHOMA Trends and Developments Contributed by: David Elder, Erin O’Roke Oakley, Michael Whaley and Austin Dodd, Hartzog Conger Cason
Hartzog Conger Cason 201 Robert S. Kerr Avenue Suite 1600 Oklahoma City OK 73102 USA
Tel: +1 405 235 7000 Fax: +405 996 3403 Email: info@hartzoglaw.com Web: www.hartzoglaw.com
Expediting the Commercial Litigation Process in Oklahoma: An Update on the Legislature’s Attempt to Create a Specialised Business Court In Oklahoma, securing a hearing on the civil docket in a timely manner is increasingly difficult. Complex commercial disputes often wait many months for judi- cial attention and even longer for meaningful progress towards a resolution. The problem seems clear: dis- trict courts are overburdened and under-resourced. For businesses, especially those with high-stakes legal matters, this environment introduces real uncer- tainty. Recognising this strain, Oklahoma law-makers attempted a bold fix: the creation of a specialised business court under Oklahoma Senate Bill 632 (“SB 632”). Modelled loosely on Delaware’s Court of Chan- cery and Texas’s newly established business courts, the legislation aimed to offer a streamlined, expert- driven alternative to Oklahoma’s district courts. The initiative was championed by Governor Kevin Stitt and legislative leaders as a way to make Oklahoma more attractive for business investment, offering pre- dictability and efficiency comparable to the Delaware and Texas business court systems. However, the leg- islation was immediately challenged on grounds that it ran afoul of Oklahoma’s constitution. It was also met with mixed reactions from Oklahoma attorneys and sitting district judges − many of whom questioned the judicial qualification and appointment process speci- fied by the Oklahoma Legislature, among other issues.
In October 2025, a five-justice majority of the Oklaho- ma Supreme Court struck down SB 632, concluding that it violated state requirements that district judges be elected. Governor Stitt expressed his disappoint- ment with the decision but indicated that there was still a path to implementing a business court system in Oklahoma. Members of the task force originally charged with proposing a business court framework are expected to reconvene to discuss the ruling and formulate a proposal that will pass constitutional mus- ter. While the path forward is uncertain, it is apparent that the Oklahoma Supreme Court’s decision will not be the end of legislative efforts to create a business court in Oklahoma. SB 632 therefore remains a sig- nificant development and offers a useful roadmap to what businesses can expect from future legislation, while also providing insight into the existing challeng- es businesses face in litigating complex matters in Oklahoma’s district courts. This article is intended as a practical guide for busi- nesses navigating Oklahoma’s evolving business and legal landscape. It first describes the current litiga- tion environment in Oklahoma’s district courts. It then provides a general overview of SB 632, discussing the law’s notable features and shortcomings. Lastly, it offers some predictions about how the Oklahoma Leg- islature may respond and recommends some practical steps litigants can take to best position themselves for success in Oklahoma state court.
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