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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4295 By: Pae
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2021, Section 2006, which relates to computation of
time; removing certain exemptions for the computation
of time; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 2006, is
amended to read as follows:
Section 2006.
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
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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
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
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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
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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.
SECTION 2. This act shall become effective November 1, 2026.
60-2-15638 JL 12/23/25