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What is a "Reservation of Time"?


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Okay, guys, at the end of August, I filed a lawsuit against my apartment complex. There is a whole myriad of reasons. Anyway, their time runs out tomorrow and I was planning on going for a default.

Today, I get a RESERVATION OF TIME from their attorney. It has not been signed by the courts and the courts website does not show it being filed with them. It is dated on Monday.

I checked the bar rules regarding what this is and found the following:

As noted previously, subsection (A) of 12 O.S. 2001 §2012 now requires that a party seeking an extension of time in which to answer must file a "reservation of time" rather than an entry of appearance. Originally, subsection 2012 mandated that a party raising any of the enumerated defenses either file a motion before a responsive pleading or include the defenses in an answer. Further the statute specifically provided that failure to comply would result in a waiver of defenses (2), (3), (4), (5), (6) and (9). While the new statute still provides that a failure to include the same defenses waives them, new subsection 2012(F)(4) states that waiver of the defense of a failure to state a claim does not preclude a later motion for summary judgment or a motion for directed verdict.

Does this mean I have to wait until that time runs out, or can I go ahead and go after the default? Also, it says on the certificate of mailing that it was mailed on the 20th, but the postmark says the 21st. Doesn't this mean they lied on this too, and now I can report the lawyer?

Thanks for your help, guys!

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Guest usctrojanalum

Also, it says on the certificate of mailing that it was mailed on the 20th, but the postmark says the 21st. Doesn't this mean they lied on this too, and now I can report the lawyer?

No.

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