Federal vs. State Court
Why your case is filed where it is — and what it means for your case.
Many clients are surprised to learn their case is in federal court — or confused about why it is in state court when the other side seems to be violating federal law. The answer comes down to jurisdiction: the court's legal authority to hear the case.
State Court
Courts of general jurisdiction — they can hear almost any type of case. In Oklahoma, most civil lawsuits are filed in state district courts.
Typical cases
- A car accident or personal injury claim
- A breach of contract under Oklahoma law
- A wrongful death claim
- An Oklahoma state employment law violation
- A dispute between two Oklahoma residents or businesses
Where to file
File in the district court of the county where the defendant resides, where the injury occurred, or where the contract was performed. Oklahoma has 77 counties, each with a district court.
Rules: Oklahoma Code of Civil Procedure & local district court rules
Federal Court
Courts of limited jurisdiction. They can only hear cases that fit within specific categories defined by federal law.
1. Federal Question Jurisdiction
The case arises under a federal statute, the U.S. Constitution, or a federal treaty.
- Section 1983 civil rights claims (excessive force, unlawful search, jail death)
- Title VII employment discrimination
- FMLA, ADA, and ADEA claims
- Federal antitrust and securities claims
- Patent and trademark disputes
2. Diversity Jurisdiction
The parties are citizens of different states and the amount in controversy exceeds $75,000.
Rules: Federal Rules of Civil Procedure & local W.D. Okla. rules
Removal & Remand
Removal
If a case filed in state court qualifies for federal jurisdiction, the defendant can remove it to federal court within 30 days of service.
Remand
The plaintiff can file a motion to remand — asking the federal court to send the case back. Granted if the federal court lacks jurisdiction.
What It Means for Your Case
Oklahoma Federal Courts
Western District
Oklahoma City
Where most of our federal cases are filed
Northern District
Tulsa
Eastern District
Muskogee
Appeals from all three go to the United States Court of Appeals for the Tenth Circuit, based in Denver.
Key Takeaway
Where your case is filed matters — it affects the judge, the jury pool, the rules, and the pace of the case. Your attorney will file in the forum that gives your case the best chance of success.
Questions About Your Legal Matter?
These resources provide general information. For guidance specific to your situation, contact Addison Law Firm.
Contact Us