Requesting Additional Time
What is a special entry of appearance and request for a large amount of time? I’m Oklahoma Attorney James Wirth, and we’re talking about a specific pleading that has a very important purpose. If you are served with a petition from an Oklahoma court, typically it’s served with a summons that gives you 20 days to file a responsive pleading.
However, some specific types of cases may give you more time, 35 days, 45 days. But for the most part, it’s going to be 20. And in any case, if you’re served with documents, there should be a summons with it that tells you how much time that you have.
The Purpose of Requesting Enlargement of Time
What if you get towards the end of that and you want additional time? Because normally you would respond to a petition with an answer, potentially a counterclaim. Those could be complicated documents that take time to draft, and you want to make sure that they’re done properly.
If you’re running out of time, you may want an extension, and that’s where we have that pleading I was telling you about, that the question is about special entry of appearance and request for enlargement of time. It specifically looks to Oklahoma statute, Title 12, Section 2012, Subsection A1.
Considerations When Requesting Enlargement of Time
When you file, if you’ve got 20 days to do a responsive pleading, or whenever that deadline is, as long as you file during that time period, you can make a request for a reservation of time. However, there can be downsides to that. Certain defenses can be waived if you request that additional 20 days by statute.
If you need additional time, you don’t have to request permission to the court by the statute. Basically, you can just file this special appearance and request for enlargement and you pretty much automatically get that additional time. But you do have to worry about what you’re potentially waiving. So you do want to talk to an attorney about that.
Get Legal Guidance with a Low-Cost Initial Strategy Session
If you are in need of additional time to respond to a petition and are considering a special entry of appearance and request for enlargement of time, it’s important to seek legal guidance. Contact our office for a low-cost initial strategy session to discuss your options and ensure you are making informed decisions. Visit our website at makelaweasy.com.