Tucker v. The Cochran Firm-Criminal Defense Birmingham L.L.C.

Summary

The Oklahoma Supreme Court addresses the proper procedure for enforcing an interstate contractual forum-selection clause. It holds that enforcement should be sought through a motion under 12 O.S. § 2012(B)(6) or a motion for summary judgment, rather than a motion alleging improper venue. The Court also holds that a forum-selection clause is separable from the remainder of the contract and remands for further proceedings concerning its enforceability.

Holdings

1. When a parties' agreement has an interstate forum-selection clause and a party seeks its judicial enforcement in an Oklahoma District Court by seeking dismissal of the Oklahoma proceeding, then the procedure for its enforcement is by a motion pursuant to 12 O.S. § 2012(B)(6), or Rule 13 motion for summary judgment.
2. An interstate forum-selection clause is separable from the contract in which it appears, and its validity like any other provision in a contract is subject to the requirements of a valid contract.

Questions Presented

1. What is the proper procedure for judicially enforcing an interstate forum-selection clause in an Oklahoma district court?
2. Whether a forum-selection clause is separable from the underlying contract and subject to the requirements of a valid contract.
3. How should burdens of pleading, persuasion, and proof be allocated when enforcing a forum-selection clause?

Disposition

reversed_and_remanded