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.
§ 140.3.Forum Non Conveniens - Considerations In Motions to Stay, Transfer Or Dismiss
Chapter 5: Venue · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 140.3 requires an Oklahoma court to stay, transfer, or dismiss a case under the forum non conveniens doctrine when another forum, in state or out, would better serve justice and party convenience, guided by six listed factors.
Full Text of § 140.3
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.
Amendment History
Added by Laws 2013, c. 1 s. 2, eff. 9/10/2013.
Note
Text formerly resided under repealed Title 12, § 140.2, which was derived from Laws 2009, c. 228, § 3, which was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013).
Plain-English Summary
On a party's motion or the court's own motion, if the court finds that another forum, whether in Oklahoma or elsewhere, would more properly hear the action in the interest of justice and for the parties' convenience, the court must decline jurisdiction under forum non conveniens and stay, transfer, or dismiss the action.
Six factors guide that finding: whether an alternate forum exists; whether it offers an adequate remedy; whether keeping the case here would work substantial injustice on the moving party; whether the alternate forum can reach all properly joined defendants; how the balance of private and public interests comes out; and whether declining jurisdiction avoids unreasonable duplication of litigation.
The compiler's note explains the section's history: a predecessor, former § 140.2 from a 2009 law, was declared unconstitutional by the Oklahoma Supreme Court in Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, before § 140.3 reenacted the forum non conveniens framework later that year.
Frequently Asked Questions
What is forum non conveniens under Oklahoma law?
The doctrine letting a court decline to hear a case, and instead stay, transfer, or dismiss it, when another forum would better serve justice and party convenience.
Who can raise a forum non conveniens motion?
Either party may move for it, or the court may raise it on its own motion.
What factors does the court weigh?
Whether an adequate alternate forum exists, whether keeping the case here would substantially prejudice the moving party, whether the alternate forum can reach all properly joined defendants, the balance of private and public interests, and whether declining jurisdiction avoids duplicative litigation.
Was there an earlier version of this rule?
Yes, the compiler's note explains a predecessor, § 140.2, was declared unconstitutional in Douglas v. Cox Retirement Properties in 2013, and this section reenacted the forum non conveniens framework.
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 forum non conveniens statute12 O.S. § 140.3motion to dismiss inconvenient forum Oklahomatransfer case to another state Oklahoma