When there is more than one state, or more than one jurisdiction (state court, federal court) with a significant relationship to the parties and circumstances involved in a lawsuit or dispute, the question may arise as to which state or jurisdiction’s laws will govern the lawsuit or dispute. The body of law that determines what law governs a dispute is called conflict of laws and consists of legal principles courts use to determine which state or jurisdiction’s law applies—unless the parties to a dispute have agreed (usually in a contract) on what law will apply.
In Oklahoma, as in other states, when a lawsuit or dispute involves multiple states or jurisdictions, the determination of which state or jurisdiction's laws will apply is governed by the principles of conflict of laws, also known as choice of law rules. These rules are designed to resolve issues when there is a significant relationship to more than one state or jurisdiction. Oklahoma courts will analyze factors such as the location where a contract was signed or performed, where a tort occurred, or where the parties reside. The courts will also consider the intent of the parties, which can be expressed through a choice of law clause in a contract. In the absence of such a clause, Oklahoma courts will apply conflict of laws principles to decide which jurisdiction's substantive law is most appropriate to resolve the specific issues in the case. When federal issues are involved, federal courts may apply federal common law or the choice of law rules of the state in which the federal court sits. It is important to note that procedural matters are generally governed by the law of the forum where the lawsuit is filed.