Filing Deadline on Day Court is Closed
I need to file some cases to beat the new law changes. If the court is closed on the last day to file, can still file on the next day court is open and preserve the old law?
Answer: Yes. See: Evans v. Davis, 1965 OK 156, 406 P.2d 975: When courthouse is closed on last day of limitation period, action may be filed on next day courthouse is open; David v. Pennwalt Corp., 1972 OK 44, 592 P.2d 980: Same where courthouse closed afternoon of last day.
Statutory provision, originally 12 O.S. 73) is now 12 O.S. §. 2006A: “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...”
Though you can wait to file, I don’t recommend that. Better to file early and avoid the whole argument.
Posted on Wed, January 8, 2014
by Support Screen Four filed under