Chapter 39: Oklahoma Pleading Code · Last amended November 1, 2007 · Last verified August 3, 2026
In one sentenceSection 2006 tells parties how to count deadlines under the Pleading Code, excluding the triggering day, including the last day unless it's a holiday or the clerk's office is closed, and adding three days when a notice or paper is served by mail, commercial carrier, or electronic means.
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 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.
Amendment History
Added by Laws 1984, SB 417, c. 164, §6, eff. 11/1/1984; Amended by Laws 1985, HB 1408, c. 277,
§7, eff. 11/1/1985; Amended by Laws 1995, HB 1500, c. 253, §4, eff. 11/1/1995; Amended by Laws 1999, SB
751, c. 293, §20, eff. 11/1/1999; Amended by Laws 2000, HB 2535, c. 260, §1, emerg. eff. 6/1/2000;
Amended by Laws 2001, SB 394, c. 178, §1, emerg. eff. 5/2/2001; Amended by Laws 2007, SB 634, c. 12,
§9, eff. 11/1/2007.
Plain-English Summary
This is the mechanical rule every other deadline in the Pleading Code depends on. To compute a period, skip the day of the triggering event and count forward; if the deadline lands on a legal holiday or a day the clerk's office isn't open for business, it rolls to the next business day. For any period shorter than eleven days, weekends and holidays in between don't count toward the total. Courts also have discretion to enlarge deadlines, freely if asked before the original period runs out, or after the fact only on a showing of excusable neglect, though this power can't stretch deadlines for appeals, new trials, or motions to vacate a judgment.
A written motion, other than one heard ex parte, and its supporting affidavit must be served at least five days before the hearing, unless another rule or court order sets a different period. And whenever a paper is served by mail, commercial carrier, or electronic means, the responding party gets three extra days added to whatever period would otherwise apply, which is why a defendant served by mail gets twenty, or thirty-five, days to answer plus the extra time built into the mail-service rule itself.
Frequently Asked Questions
How do you count a deadline that runs from being served with a paper?
Don't count the day you were served; count forward from there, and if the final day falls on a legal holiday or a day the clerk's office is closed, the deadline moves to the next open business day, under subsection A.
What if you miss a filing deadline?
The court may enlarge the time before it expires for any reason, or after it expires if the delay was the result of excusable neglect, except deadlines for appeals, new trials, or vacating a judgment, which this section can't extend, under subsection B.
How much notice does a motion hearing require?
At least five days before the hearing, unless a statute, court rule, or court order sets a different period, per subsection C.
Do you get extra time to respond if something was mailed to you?
Yes -- three additional days are added to the response period whenever service was made by mail, third-party commercial carrier, or electronic means, under subsection D.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma computation of time rule12 O.S. § 20063 day mail rule oklahomaoklahoma FRCP 6 equivalent