Fellow attorneys,
For the computation of time under Title 11 of the Oklahoma Statutes,
what is your opinion as to whether 12 O.S. Section 2006 applies, wherein
the holidays and other days that the court clerk does not open, are
excluded when the time prescribed is less than 11 days? Thanks for any
input.
Richard Cochran
City Attorney for Marietta
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Yes.
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On Monday, July 27, 2020, 3:06 PM, Richard cochran rcochranjr@cableone.net wrote:
Fellow attorneys,
For the computation of time under Title 11 of the Oklahoma Statutes,
what is your opinion as to whether 12 O.S. Section 2006 applies, wherein
the holidays and other days that the court clerk does not open, are
excluded when the time prescribed is less than 11 days? Thanks for any
input.
Richard Cochran
City Attorney for Marietta
NOTICE: THE CONTENTS OF THIS EMAIL MAY BE CONFIDENTIAL UNDER RULES OF
SUPREME COURT OF THE STATE OF OKLAHOMA OR UNDER APPLICABLE STATE OR
FEDERAL LAWS. THIS EMAIL MAY ALSO BE COMMUNICATIONS BETWEEN ATTORNEY
AND CLIENT, AND THEREFORE PRIVILEGED AND CONFIDENTIAL INFORMATION. THIS
EMAIL IS INTENDED FOR THE ADDRESSEE ONLY. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY ME BY TELEPHONE, AND
PERMANENTLY DELETE THE MESSAGE. FURTHER, IF YOU ARE NOT THE INTENDED
RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION
OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. THANK YOU.
580/276-5111
FAX: 888/564-1355
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12 OS 2006(A) and (B) both refer to "this title" which suggests they don't apply to Title 11. Subsections (C) and (D) don't, but petty clearly relate to litigation, so probably not.
On the other hand, I'm pretty sure there is authority that says the general principles of the Pleading Code apply elsewhere (e.g., administrative proceedings under Title 75). At any rate, you can always argue by analogy.
Good Luck!
-----Original Message-----
From: Oama oama-bounces@lists.imla.org On Behalf Of Richard cochran
Sent: Monday, July 27, 2020 3:07 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Computation of Time
Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.
Fellow attorneys,
For the computation of time under Title 11 of the Oklahoma Statutes, what is your opinion as to whether 12 O.S. Section 2006 applies, wherein the holidays and other days that the court clerk does not open, are excluded when the time prescribed is less than 11 days? Thanks for any input.
Richard Cochran
City Attorney for Marietta
NOTICE: THE CONTENTS OF THIS EMAIL MAY BE CONFIDENTIAL UNDER RULES OF SUPREME COURT OF THE STATE OF OKLAHOMA OR UNDER APPLICABLE STATE OR FEDERAL LAWS. THIS EMAIL MAY ALSO BE COMMUNICATIONS BETWEEN ATTORNEY AND CLIENT, AND THEREFORE PRIVILEGED AND CONFIDENTIAL INFORMATION. THIS EMAIL IS INTENDED FOR THE ADDRESSEE ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY ME BY TELEPHONE, AND PERMANENTLY DELETE THE MESSAGE. FURTHER, IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. THANK YOU.
580/276-5111
FAX: 888/564-1355
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No. Section 2001 defines the scope of the pleading code:
The Oklahoma Pleading Code governs the procedure in the district courts of Oklahoma in all suits of a civil nature whether cognizable as cases at law or in equity except where a statute specifies a different procedure. It shall be construed to secure the just, speedy, and inexpensive determination of every action. The provisions of Sections 1 through 2027 of this title may be cited as the "Oklahoma Pleading Code". Section captions are part of this act.
-----Original Message-----
From: Oama oama-bounces@lists.imla.org On Behalf Of Mark Ramsey
Sent: Monday, July 27, 2020 7:08 PM
To: Richard cochran rcochranjr@cableone.net; OAMA Luistserv oama@lists.imla.org
Subject: Re: [Oama] Computation of Time
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12 OS 2006(A) and (B) both refer to "this title" which suggests they don't apply to Title 11. Subsections (C) and (D) don't, but petty clearly relate to litigation, so probably not.
On the other hand, I'm pretty sure there is authority that says the general principles of the Pleading Code apply elsewhere (e.g., administrative proceedings under Title 75). At any rate, you can always argue by analogy.
Good Luck!
-----Original Message-----
From: Oama oama-bounces@lists.imla.org On Behalf Of Richard cochran
Sent: Monday, July 27, 2020 3:07 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Computation of Time
Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.
Fellow attorneys,
For the computation of time under Title 11 of the Oklahoma Statutes, what is your opinion as to whether 12 O.S. Section 2006 applies, wherein the holidays and other days that the court clerk does not open, are excluded when the time prescribed is less than 11 days? Thanks for any input.
Richard Cochran
City Attorney for Marietta
NOTICE: THE CONTENTS OF THIS EMAIL MAY BE CONFIDENTIAL UNDER RULES OF SUPREME COURT OF THE STATE OF OKLAHOMA OR UNDER APPLICABLE STATE OR FEDERAL LAWS. THIS EMAIL MAY ALSO BE COMMUNICATIONS BETWEEN ATTORNEY AND CLIENT, AND THEREFORE PRIVILEGED AND CONFIDENTIAL INFORMATION. THIS EMAIL IS INTENDED FOR THE ADDRESSEE ONLY. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY ME BY TELEPHONE, AND PERMANENTLY DELETE THE MESSAGE. FURTHER, IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. THANK YOU.
580/276-5111
FAX: 888/564-1355
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