Motion for Extension of Time
Motion for Extension of Time Generator
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Sample Motion for Extension of Time Generated by Legal Tank
Motion for Extension of Time
Current Deadline and Good Cause
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.
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
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.
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
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.
What Is a Motion for Extension of Time?
A motion for extension of time requests additional time to complete a required action in a legal proceeding, filing an answer, responding to discovery, completing briefing, or meeting other court-imposed deadlines. Under Federal Rule of Civil Procedure Rule 6(b), courts may extend deadlines for good cause, but the standards differ depending on whether the request is made before or after the deadline has passed.
If filed before the deadline expires, the court may grant the extension for good cause shown. Good cause includes complex legal issues requiring additional research, voluminous documents requiring extended review, illness or emergency affecting counsel or a party, and legitimate scheduling conflicts. If filed after the deadline has passed, the movant must show both good cause and excusable neglect, a significantly higher standard that requires demonstrating the delay was not caused by bad faith, the length of delay was reasonable, and granting the extension will not prejudice the opposing party.
Courts evaluate excusable neglect under the four-factor test established in Pioneer Investment Services v. Brunswick Associates (1993): (1) the danger of prejudice to the opposing party; (2) the length of the delay and its potential impact on the proceedings; (3) the reason for the delay, including whether it was within the reasonable control of the movant; and (4) whether the movant acted in good faith.
Some deadlines are jurisdictional and cannot be extended by the court, such as the time to file a notice of appeal (typically 30 days in civil cases under Federal Rule of Appellate Procedure 4) or certain statutory deadlines. Before filing a motion for extension, verify that the deadline at issue is one the court has authority to extend.
Why You Need a Motion for Extension of Time
The complexity of the case requires more time than originally anticipated to prepare a response, brief, or other filing.
An unexpected event, medical emergency, family crisis, or natural disaster, has prevented timely completion of the required action.
You recently received voluminous discovery or documents that require substantial time to review before a meaningful response can be prepared.
Settlement negotiations are active and an extension would allow the parties to resolve the matter without further litigation expense.
Key Sections in a Motion for Extension of Time
Deadline Identification
The specific deadline sought to be extended: what action is due, the current deadline date, the rule or order establishing the deadline, and the proposed new deadline.
Good Cause / Excusable Neglect
The specific reasons why additional time is needed. If the deadline has already passed, include an analysis of the Pioneer factors demonstrating excusable neglect.
Proposed New Deadline
A specific date by which the action will be completed. Request only the time genuinely needed, courts are skeptical of requests for lengthy extensions.
Opposing Party Position
Whether the opposing party consents or objects to the extension. A stipulated extension is much more likely to be granted.
No Prejudice Showing
Explanation of why the extension will not prejudice the opposing party or delay the overall proceedings.
Motion for Extension of Time Legal Requirements
Under Rule 6(b)(1)(A), extensions requested before the deadline require a showing of good cause.
Under Rule 6(b)(1)(B), extensions requested after the deadline require a showing of both good cause and excusable neglect under the Pioneer four-factor test.
Some deadlines are jurisdictional and cannot be extended: notice of appeal deadlines, certain statutory filing deadlines, and deadlines set by statute rather than court rule.
Local rules may impose additional requirements, such as maximum number of extensions permitted or mandatory meet-and-confer before filing.
Common Motion for Extension of Time Mistakes to Avoid
Waiting until after the deadline passes to request an extension. The standard becomes significantly harder to meet, file before the deadline whenever possible.
Requesting an extension without a specific proposed deadline. Courts prefer concrete dates over open-ended requests for "additional time."
Failing to confer with the opposing party. A stipulated extension is far more likely to be granted and demonstrates professional courtesy.
Citing workload or busyness as the sole reason. While legitimate, courts expect attorneys to manage their caseloads. Combine with more compelling reasons.
Attempting to extend a jurisdictional deadline that the court has no power to modify, such as the time to file a notice of appeal.
Frequently Asked Questions About Motion for Extension of Times
What is a motion for extension of time?
How do I file a motion for extension of time?
What reasons justify an extension of time request?
How much time can a judge grant as an extension?
What is excusable neglect in a motion for extension?
Can the opposing party object to an extension of time?
How do I request an extension of time to respond to a complaint?
What is the difference between a continuance and an extension of time?
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