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Back to HB 4295
Oklahoma Legislature· HB 4295Authored by Senator Kirt (principal Senate author)

An act relating to civil procedure, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 4295               By: Pae

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6                               AS INTRODUCED

7   An Act relating to civil procedure; amending 12 O.S.

    2021, Section 2006, which relates to computation of

8   time; removing certain exemptions for the computation

    of time; and providing an effective date.

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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

12  SECTION 1.      AMENDATORY  12 O.S. 2021, Section 2006, is

13 amended to read as follows:

14  Section 2006.

15                              TIME

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

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

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

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

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

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

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

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

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

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

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

3 business until the regularly scheduled closing time. Except for the

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

5 1756 of this title, when the period of time prescribed or allowed is

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

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

8 for public business until the regularly scheduled closing time,

9 shall be excluded from the computation.

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

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

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

13 any applicable statute, shall be computed pursuant to the shortest

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

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

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

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

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

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

20 any time in its discretion:

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

22 if request therefor is made before the expiration of the period

23 originally prescribed or as extended by a previous order; or

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1   2. Upon motion made after the expiration of the specified

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

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

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

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

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

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

8 provided in the sections governing such proceedings.

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

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

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

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

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

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

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

16 with the motion.

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

18 COMMERCIAL CARRIER OR ELECTRONIC MEANS. Whenever a party has the

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

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

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

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

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

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

    Req. No. 15638                                                  Page 3
1 serve an answer within twenty (20) days or thirty-five (35) days if

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

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

4 and petition by the defendant.

5   SECTION 2. This act shall become effective November 1, 2026.

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7   60-2-15638      JL  12/23/25

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