Oklahoma § 12-2006

§ 12-2006.

Time.

TIME

A. COMPUTATION. 1. In computing any period of time prescribed

or allowed by this title, by the rules of any court of this state,

or by order of a court of this state, the day of the act, event, or

default from which the designated period of time begins to run shall

not be included. The last day of the period so computed shall be

included, unless it is a legal holiday as defined by Section 82.1 of

Title 25 of the Oklahoma Statutes or any other day when the office

of the court clerk does not remain open for public business until

the regularly scheduled closing time, in which event the period runs

until the end of the next day which is not a legal holiday or a day

when the office of the court clerk does not remain open for public

business until the regularly scheduled closing time. Except for the

times provided in Sections 765, 990.3, 1148.4, 1148.5, 1148.5A, and

1756 of this title, when the period of time prescribed or allowed is

less than eleven (11) days, intermediate legal holidays and any

other day when the office of the court clerk does not remain open

for public business until the regularly scheduled closing time,

shall be excluded from the computation.

2. For actions filed on or after November 1, 1999, and on or

before June 30, 2000, any period of time prescribed or allowed by

this title, by the rules of any court, by an order of a court, or by

any applicable statute, shall be computed pursuant to the shortest

time prescribed by the law in effect before November 1, 1999, the

Oklahoma Statutes - Title 12. Civil Procedure

law in effect prior to the effective date of this act, or this act,

unless the court finds that to do so would result in injustice.

B. ENLARGEMENT. When by this title or by a notice given

thereunder by order of court an act is required or allowed to be

done at or within a specified time, the court for cause shown may at

any time in its discretion:

1. With or without motion or notice order the period enlarged

if request therefor is made before the expiration of the period

originally prescribed or as extended by a previous order; or

2. Upon motion made after the expiration of the specified

period permit the act to be done where the failure to act was the

result of excusable neglect; but it may not extend the time set

forth in this title for taking an appeal from a judgment, decree or

appealable order, or for seeking a new trial, a judgment

notwithstanding the verdict, or to correct, open, modify, vacate or

reconsider a judgment, decree, or appealable order, except as

provided in the sections governing such proceedings.

C. FOR MOTIONS - AFFIDAVITS. A written motion, other than one

which may be heard ex parte, and notice of the hearing thereof,

shall be served not later than five (5) days before the time

specified for the hearing, unless a different period is fixed by the

Oklahoma Statutes, court rules, or by an order of the court. Such

an order may for cause shown be made on ex parte application. When

a motion is supported by affidavit, the affidavit shall be served

with the motion.

D. ADDITIONAL TIME AFTER SERVICE BY MAIL, THIRD-PARTY

COMMERCIAL CARRIER OR ELECTRONIC MEANS. Whenever a party has the

right or is required to do some act or take some proceedings within

a prescribed period after the service of a notice or other paper

upon the party and the notice or paper is served upon the party by

mail, third-party commercial carrier or electronic means, three (3)

days shall be added to the prescribed period; provided, however,

when a summons and petition are served by mail, a defendant shall

serve an answer within twenty (20) days or thirty-five (35) days if

pursuant to subsection A of Section 2012 of this title, after the

date of receipt or if refused, the date of refusal of the summons

and petition by the defendant.

Added by Laws 1984, c. 164, § 6, eff. Nov. 1, 1984. Amended by Laws

1985, c. 277, § 7, eff. Nov. 1, 1985; Laws 1995, c. 253, § 4, eff.

Nov. 1, 1995; Laws 1999, c. 293, § 20, eff. Nov. 1, 1999; Laws 2000,

c. 260, § 1, emerg. eff. June 1, 2000; Laws 2001, c. 178, § 1,

emerg. eff. May 2, 2001; Laws 2007, c. 12, § 9, eff. Nov. 1, 2007.