The venue of civil actions for damages brought pursuant to the Affordable Access to Health Care Act, Section 1-1708.1A et seq. of Title 63 of the Oklahoma Statutes, shall be in a county where the cause of action or any portion thereof arose, or in any county in which any of the defendants reside, or in the case of a corporation, in a county in which it is situated, or has its principal office or place of business, or in any county where a codefendant of such corporation may be sued. Upon a finding of lack of venue, the court shall transfer or dismiss the action; provided, however, that if the court finds lack of venue and that a dismissal would operate as a dismissal with prejudice, the court shall transfer the action.
§ 130.Actions Brought Pursuant to Affordable Access to Health Care Act
Chapter 5: Venue · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 130 sets venue for damages suits under Oklahoma's Affordable Access to Health Care Act, allowing the case in the county where it arose, where a defendant resides or is based, or where a codefendant can be sued, and requires the court to transfer rather than dismiss with prejudice if venue is wrong.
Full Text of § 130
Amendment History
Added by Laws 2004, HB 2661, c. 368, §2, 11/1/2004.
Plain-English Summary
Civil damages actions brought under the Affordable Access to Health Care Act may be filed in the county where the cause of action, or part of it, arose; where any defendant resides; where a corporate defendant is situated or has its principal office; or where a codefendant of that corporation may properly be sued. If a court finds venue lacking, it must transfer or dismiss the action, but the section adds a safeguard: if dismissal would operate as a dismissal with prejudice, the court must transfer the case instead.
Frequently Asked Questions
Where can I file a damages lawsuit under the Affordable Access to Health Care Act?
In the county where the cause of action arose, where any defendant resides, where a corporate defendant is based, or where a codefendant may properly be sued.
What happens if I file in the wrong county?
The court must transfer or dismiss the action, but if dismissing would operate as a dismissal with prejudice, the court must transfer it instead.
What is the Affordable Access to Health Care Act?
A Title 63 statute, codified at § 1-1708.1A et seq., governing certain health-care liability claims; Section 130 supplies the venue rule for damages actions brought under it.
Does this section apply to every lawsuit against a healthcare provider?
No, only to civil damages actions brought under the Affordable Access to Health Care Act specifically.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: Oklahoma healthcare venue statuteAffordable Access to Health Care Act venue12 O.S. § 130medical liability venue Oklahoma