MCBEE v. SHANAHAN HOME DESIGN, 2021 OK 60

Plaintiff Vickie McBee filed suit on November 19, 2019 alleging construction defects against Shanahan Home Design, LLC and Biggs Backhoe, Inc.; counsel delayed issuance of summonses.
Oklahoma Supreme Court issued three joint emergency administrative orders (SCAD Nos. 2020-24, 2020-29, 2020-36) in response to Covid-19, announcing a suspension/tolling of court deadlines from March 16, 2020 through May 15, 2020.
Clerk issued summonses May 18, 2020; McBee served Biggs on July 8, 2020 and Shanahan on July 16, 2020 (both by certified mail).
Defendants moved to dismiss under 12 O.S.Supp.2017 § 2004(I) (service must be made within 180 days of filing), arguing service was untimely; the trial court granted dismissal.
On appeal, the Oklahoma Supreme Court reviewed de novo whether its emergency orders tolled the 180-day service period and whether the Court had authority to issue those orders.
The Supreme Court reversed: it held the emergency SCAD orders tolled the § 2004(I) period (excluding March 16–May 15, 2020), so McBee’s July service fell within the tolled-adjusted deadline and dismissal was erroneous.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Oklahoma Supreme Court had authority to suspend or toll court deadlines during the Covid-19 emergency	The Court has constitutional supervisory/administrative power and rulemaking authority to issue emergency orders that suspend deadlines	Emergency administrative orders cannot alter or suspend statutory time limits absent express authority	Court: Supreme Court has constitutional administrative authority and Rule 2 power to issue such temporary emergency orders
Whether SCAD Orders tolled the 180‑day service period in 12 O.S.Supp.2017 § 2004(I) as applied to McBee	The SCAD orders treated March 16–May 15, 2020 as a tolling period; exclude those days from the 180‑day computation, making McBee’s July service timely	The 180‑day period ran regardless of the orders; McBee failed to serve within 180 days and dismissal was proper	Court: SCAD orders tolled the period; McBee had 63 days remaining after March 15 and service by July 16/July 8 was timely; reversal and remand

SCAD No. 2020-24, 462 P.3d 704 (first joint emergency order suspending deadlines) (announced temporary suspension)
SCAD No. 2020-29, 462 P.3d 262 (continued suspension and courthouse closures)
SCAD No. 2020-36, 462 P.3d 703 (clarified tolling March 16–May 15 and resumption on May 16)
Petuskey v. Cannon, 742 P.2d 1117 (1987) (Supreme Court has unified administrative control over courts)
McGee v. Kirby, 118 P.2d 199 (1941) (time prevented by paramount authority is excluded in limitation computations)
Cornett v. Carr, 302 P.3d 769 (2013) (§ 2004(I) 180‑day service limit is an outer limit; service is timely if within 180 days)
Thompson v. Anchor Glass Container Corp., 73 P.3d 836 (2003) (explaining tolling as temporary suspension of statutory time bars)