A. Notwithstanding any other provision of law, no action shall be eligible to be filed, transferred, or removed to a business court division prior to January 1, 2026. Except as provided in subsection F of Section 6 of this act, actions shall be brought before the business court as follows: 1. An action within the subject matter jurisdiction of the business court may be filed in the business court. An action that arises in a county located within the jurisdiction of the United States District Court for the Western District of Oklahoma shall be filed in Business Court Division I; an action that arises in a county located within the jurisdiction of the United States District Court for the Northern District of Oklahoma or Eastern District of Oklahoma shall be filed in Business Court Division II. 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, but the business court judge shall continue to preside over the action. 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 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 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; provided, however, in no event shall a party have less than the amount of time to respond to the action than to remove to the business court; 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 granted, denied, or denied as a matter of law. D. 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. E. Unless otherwise provided in this section, all pleadings shall be governed by the Oklahoma Pleading Code.
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