Title Examination Standards
Chapter 1, App.
Chapter 1. Examination Generally
§1.5. 2020 Covid-19 Pandemic.

1. A. Pursuant to a series of Emergency Joint Orders, the Oklahoma Supreme Court suspended all deadlines, prescribed by statute, rule, or order in any civil, juvenile, or criminal cases for the period from March 16, 2020 to May 15, 2020.

   B. Pursuant to the Third Emergency Joint Order Regarding The COVID-19 State of Disaster issued by the Oklahoma Supreme Court, for the period from March 16, 2020 to May 15, 2020, all rules, procedures, and deadlines, whether prescribed by statute, rule or order in any civil, juvenile or criminal case were suspended, will be treated as a tolling period. May 16th shall be the first day counted in determining the remaining time to act. The entire time permitted by statute, rule or procedure is not renewed.

   C. Pursuant to the Third Emergency Joint Order, "all dispositive orders entered by judges between March 16, 2020 and May 15, 2020 are presumptively valid and enforceable." When an examiner finds a situation in proceedings under examination where a Judge held a hearing, signed an order, entered a judgment, or otherwise issued a ruling between March 16, 2020 and May 15, 2020, the examiner may rely on the Third Emergency Joint Order's presumption of validity and enforceability absent instruments in the record or other evidence that rebuts that presumption.

   Authority: Third Emergency Joint Order Regarding the COVID-19 State of Disaster. 2020 OK 23, 462 P.3d 703. Second Emergency Joint Order Regarding the COVID-19 State of Disaster. 2020 OK 24, 462 P.3d 262. First Emergency Joint Order Regarding the COVID-19 State of Disaster. 2020 OK 25, 462 P.3d 704.

   Comment 1: Paragraphs 7 and 8 of the Third Emergency Joint Order provide instructions for computing deadlines impacted by the period from March 16, 2020 to May 15, 2020:

   "7. For all cases pending before March 16, 2020, the deadlines are extended for only the amount of days remaining to complete the action. For example, if the rule required the filing of an appellate brief within 20 days, and as of March 16, ten (10) days remained to file the brief, then the party has 10 days with May 16, 2020 being the first day.

2. 8. For all cases where the time for completing the action did not commence until a date between March 16 and May 15, 2020, the full amount of time to complete the action will be available. May 16th shall be the first day counted in determining the time to act."

   Comment 2: The Third Emergency Joint Order clarifies that the period between March 16, 2020 and May 15, 2020 is a tolling period. All applicable statutes of limitations under Oklahoma law were tolled for this period.

   Comment 3: The Third Emergency Joint Order encouraged Judges "to continue to use remote participation to the extent possible by use of telephone conferencing, video conferencing pursuant to Rule 34 of the Rules for District Courts, Skype, Bluejeans.com and webinar based platforms...Judges are encouraged to develop methods to give reasonable notice and access to the participants and the public."

1.5 2020 COVID-19 PANDEMIC

The 2020 Title Examination Standards Sub-Committee of the Real Property Law Section recommended a new Standard 1.5 be included to assist title examiners with the various 2020 SCAD order related to Covid-19 (Coronavirus). The Real Property Section approved the proposal, and the House of Delegates adopted the amendment on November 13, 2020.