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Motion for Extension of Time Template – Free Download 2026

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When Do You Need a Motion for Extension of Time?

A court-imposed deadline is approaching — for filing an answer, a responsive brief, a discovery response, or a dispositive motion — and you need additional time to prepare an adequate response.

You were recently served with a lawsuit and the 21-day deadline to file an answer under Rule 12(a) of the FRCP is insufficient to properly investigate the claims and draft a complete response.

Your attorney has a scheduling conflict, has recently withdrawn, or has experienced an emergency that makes meeting the current deadline impossible.

A brief or motion has a filing deadline and you need additional time to complete your research, obtain supporting declarations, or compile exhibits. You want to avoid filing an amended pleading prematurely.

📋 Consent-First Rule: Many courts require that you confer with opposing counsel first and seek consent before filing a motion for extension of time. Most courts will grant a reasonable first extension if opposing counsel consents — include that consent in your motion. Courts are less receptive when extensions are routinely sought or when the opposing party objects.

⚠ Excusable Neglect Standard: When a deadline has already passed, you must file a motion to extend under Rule 6(b)(1)(B) and show "excusable neglect" — a higher standard than good cause for prospective extensions. Courts analyze excusable neglect using four Pioneer factors: reason for the delay, whether it was within the movant's control, the danger of prejudice to the opposing party, and the impact on judicial proceedings. Calendaring errors and attorney oversight rarely qualify.

What Should a Motion for Extension of Time Include?

Identification of the Deadline

The specific deadline you need extended: the rule or order creating it, the current due date, and how much additional time you are requesting. Be precise — ask for a specific new date rather than a vague amount of additional time.

Good Cause Showing

A factual explanation of why the extension is needed: workload, complexity of the issues, need for additional discovery or expert consultation, scheduling conflicts, or attorney illness or emergency. Courts require concrete facts, not generalities.

Opposing Counsel Position

Whether the opposing party consents to the extension. If you were unable to reach opposing counsel, note your attempts. If the opposing party objects, explain their position and why the extension should be granted anyway.

Proposed New Deadline

A specific proposed new date. Avoid asking for more time than you actually need — courts look favorably on modest, well-justified requests and skeptically at broad or open-ended extension requests.

Legal Details: Key Clauses in a Motion for Extension of Time

Review the standard legal provisions included in a professional motion for extension of time. Each section below contains clause language used in attorney-verified templates.

Current Deadline and Good Cause
1.1

Moving Party [____________] respectfully moves this Court, pursuant to Rule 6(b)(1) of the Federal Rules of Civil Procedure and [Local Rule ____________], for an extension of [____] days within which to [file its response to Defendant's Motion for Summary Judgment / complete production of documents / file its expert designations / file its opening brief / complete the act described below]. The current deadline is [____________]. Good cause exists for the requested extension as set forth herein, and the extension will not alter any other deadline in the Court's Scheduling Order.

1.2

Good cause for the extension is established by the following: (a) [describe circumstance 1, e.g., volume and complexity of materials requiring review]; (b) [describe circumstance 2, e.g., counsel's pre-existing trial commitments or health circumstances]; and (c) [describe circumstance 3, e.g., need to obtain and review voluminous third-party productions recently received]. Each of these circumstances independently constitutes good cause, and taken together they demonstrate that the current deadline cannot be met through the exercise of reasonable diligence. The extension is sought in good faith and not for the purpose of delay.

Absence of Prejudice
2.1

Granting the requested extension will not prejudice the opposing party or the efficient administration of justice. The case is still in [discovery / pre-trial / briefing] phase, and [no trial date has been set / the trial date is [____________], which is [____] months away]. The extension will not require modification of the Court's Scheduling Order or any other existing deadline. Counsel for Moving Party [has conferred with / attempted to confer with] opposing counsel regarding this request, and opposing counsel [consents to / does not oppose / opposes] the requested extension.

2.2

WHEREFORE, Moving Party respectfully requests that the Court enter an Order extending the deadline for [specify task] from [____________] to [____________], representing an extension of [____] calendar days. In the event the Court requires additional information or briefing regarding the basis for good cause, Moving Party respectfully requests the opportunity to supplement this Motion and/or appear before the Court at a time convenient to the Court's schedule. A proposed Order is submitted concurrently herewith.

Proposed Extension
3.1

Moving Party proposes the following revised deadline: Current deadline: [____________]. Proposed new deadline: [____________]. Number of days requested: [____]. If the proposed extension would conflict with any other case deadline, Moving Party proposes the following corresponding adjustments to the Scheduling Order: [list any downstream deadline adjustments]. Moving Party is prepared to adhere to the proposed extended deadline without further requests for extension absent extraordinary unforeseen circumstances.

Signature Requirements

Check Local Court Rules

Court filings may require wet ink or e-filing system signatures. Check your jurisdiction's e-filing rules.

Many courts now accept e-filed motions with electronic signatures. Check your court's e-filing system and local rules for signature requirements.

How to Fill Out a Motion for Extension of Time

1

Act Before the Deadline

File the motion before the current deadline expires. Extensions sought after the deadline require a showing of excusable neglect, which is a much harder standard to meet.

2

Contact Opposing Counsel

Email or call opposing counsel to request consent. Include the proposed new deadline. If they consent, draft a joint stipulation — it is faster and almost always granted.

3

State the Specific Reason

Be specific and honest about why you need more time. Courts see vague requests daily — concrete, specific reasons (volume of documents to review, expert unavailability, attorney illness) are granted at much higher rates.

4

Check Local Rules

Some courts allow you to extend certain deadlines by stipulation without filing a motion. Others require court approval for any extension. Check the specific court's local rules and any standing orders from the assigned judge.

Motion for Extension of Time Requirements by State

Motion for Extension of Time laws and requirements differ across states. Key variations include specific language requirements, notarization mandates, witness requirements, filing deadlines, and enforceability standards. Our templates incorporate state-specific provisions when you select your jurisdiction.

For the most comprehensive state-specific version, use our AI generator which automatically applies your state's legal requirements.

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Free Template vs Custom Motion for Extension of Time

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Motion for Extension of Time Template FAQ

How do I ask for an extension of time in court?
To request an extension of time, file a motion for extension of time with the court before the deadline expires. The motion must: (1) identify the specific deadline you need extended; (2) state good cause for the extension — a concrete factual reason; (3) indicate whether opposing counsel consents; (4) request a specific new deadline. Under Rule 6(b)(1)(A) of the FRCP, courts may extend deadlines for good cause when the request is made before the deadline. Most courts grant reasonable first requests when opposing counsel consents. Alternatively, if both parties agree, file a joint stipulation for extension — this is often approved without the formality of a full motion.
What is the difference between a motion for extension and a motion for continuance?
A motion for extension of time asks the court to extend a deadline to file a document — an answer, a brief, a discovery response. It does not affect hearing or trial dates. A motion for continuance asks the court to reschedule a hearing, trial, or other court proceeding to a later date. The distinction matters because they involve different local rules, different standards, and sometimes need to be filed with different court personnel. A single case can require both — for example, requesting an extension to file an opposition brief and simultaneously requesting a continuance of the hearing on the underlying motion.
What happens if I miss a court deadline?
Missing a court deadline without court approval can have serious consequences depending on the type of deadline. Missing the deadline to answer a complaint can result in a default judgment against you. Missing a brief deadline can result in the motion being decided without your opposition. Missing discovery deadlines can result in sanctions under Rule 37, including exclusion of evidence. After a deadline passes, you must file a motion under Rule 6(b)(1)(B) showing "excusable neglect" — a harder standard than good cause. If the deadline was created by a scheduling order, you must also show good cause under Rule 16(b)(4) to modify the order. Act immediately when you realize you have missed a deadline.

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