STATE OF OKLAHOMA

1st Extraordinary Session of the 54th Legislature (2013)

HOUSE BILL 1003___	By:	Shannon of the House

			and

		Bingman and Sykes of the Senate

AS INTRODUCED

An Act relating to civil procedure; repealing 12 O.S. 2011, Section 140.2, which relates to forum non conveniens; authorizing court to decline to exercise jurisdiction under certain circumstances; requiring consideration of certain factors; providing for codification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     REPEALER     12 O.S. 2011, Section 140.2, is hereby repealed.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 140.3 of Title 12, unless there is created a duplication in numbering, reads as follows:
A.  If the court, upon motion by a party or on the court's own motion, finds that, in the interest of justice and for the convenience of the parties, an action would be more properly heard in another forum either in this state or outside this state, the court shall decline to exercise jurisdiction under the doctrine of forum non conveniens and shall stay, transfer or dismiss the action.
B.  In determining whether to grant a motion to stay, transfer or dismiss an action pursuant to this section, the court shall consider:
1.  Whether an alternate forum exists in which the action may be tried;
2.  Whether the alternate forum provides an adequate remedy;
3.  Whether maintenance of the action in the court in which the case is filed would work a substantial injustice to the moving party;
4.  Whether the alternate forum can exercise jurisdiction over all the defendants properly joined in the action of the plaintiff;
5.  Whether the balance of the private interests of the parties and the public interest of the state predominate in favor of the action being brought in an alternate forum; and
6.  Whether the stay, transfer or dismissal would prevent unreasonable duplication or proliferation of litigation.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and 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.

54-1EX-50002	SD	08/29/13