Okla. Admin. Code § 365:25-5-40

Current through Vol. 41, No. 19, June 17, 2024

Section 365:25-5-40 - Computation of time in 59 O.S. Section 1332

(a) In computing any period of time in 59 O.S. § 1332, 12 O.S. § 2006(A) will be followed. 12 O.S. §2006(A) states, in pertinent part, as follows: 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. Unless otherwise provided by law, 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.

(b) The defendant shall be returned to custody within ninety days or the forfeiture shall be paid on the ninety-first day, and the time begins to run as follows:

(1) If the bondsman dates the return receipt, or the date of receipt of the order and judgment of forfeiture is evidenced electronically, then the days start running the next day.

(2) If the bondsman does not date the return receipt or the date of receipt of the order and judgment of forfeiture is not evidenced electronically, but the insurer or professional bondsman or multicounty agent bondsman does, or the date of receipt is evidenced electronically, then the days start running the next day.

(3) If neither the bondsman nor the insurer or professional bondsman or multicounty agent bondsman dates the return receipt, nor is the date of receipt of the order of judgment of forfeiture evidenced electronically, then the days start running the day after the order and judgment of forfeiture was mailed.

Okla. Admin. Code § 365:25-5-40

Added at 10 Ok Reg 1483, eff 5-1-93; Amended at 24 Ok Reg 2217, eff 7-14-07; Amended at 27 Ok Reg 1551, eff 7-14-10

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016