MOTION FOR EXTENSION OF TIME

COURT INFORMATION

In the [United States Court of Appeals for the ___ Circuit / State Appellate Court]

Case No.: ____________________________

CAPTION

[PARTY NAME],

[Appellant/Appellee],

v.

[PARTY NAME],

[Appellant/Appellee].

[APPELLANT'S/APPELLEE'S] MOTION FOR EXTENSION OF TIME TO [FILE BRIEF / COMPLETE ACT]

INTRODUCTION

[MOVANT NAME] ("Movant") respectfully moves this Court pursuant to [FRAP 26(b) / State Rule ___] for an extension of time to [describe the act for which extension is sought].

EXTENSION REQUESTED

Current Deadline

The current deadline for [filing Appellant's Opening Brief / filing Appellee's Response Brief / other act] is [DATE].

Extension Requested

Movant requests an extension of [NUMBER] days until [NEW DATE].

Number of Previous Extensions

☐ This is the first request for an extension of this deadline.

☐ This is the [second/third/etc.] request. Previous extension(s):

Stipulation Status

☐ Opposing counsel consents to this extension. [Attach written consent or confirmation]

☐ Opposing counsel does not consent to this extension.

☐ Movant has been unable to reach opposing counsel despite reasonable efforts:
_______________________________________________________________________________

GROUNDS FOR EXTENSION

Good Cause Statement

Movant demonstrates good cause for this extension as follows:

☐ Complexity of Issues: The appeal involves complex legal issues requiring additional research and analysis:
_______________________________________________________________________________
_______________________________________________________________________________

☐ Voluminous Record: The record on appeal contains [NUMBER] pages/volumes, requiring substantial time to review:
_______________________________________________________________________________

☐ Counsel's Schedule: Counsel has conflicting professional obligations that prevent timely completion:

☐ Recent Retention of Counsel: Movant recently retained current counsel on [DATE], and counsel needs additional time to become familiar with the case:
_______________________________________________________________________________

☐ Health or Personal Emergency: [Describe circumstances without disclosing privileged medical information]:
_______________________________________________________________________________

☐ Transcript Delay: The reporter's transcript [has not been filed / was filed on [DATE]], leaving insufficient time to prepare the brief:
_______________________________________________________________________________

☐ Settlement Discussions: The parties are engaged in settlement negotiations that may resolve this appeal:
_______________________________________________________________________________

☐ Other Good Cause:
_______________________________________________________________________________
_______________________________________________________________________________

DECLARATION IN SUPPORT

I, [NAME], declare under penalty of perjury:

1. I am [counsel of record for / the] [Appellant/Appellee] in this matter.

2. The current deadline for [filing the opening brief / etc.] is [DATE].

3. An extension is needed because:
   _______________________________________________________________________________
   _______________________________________________________________________________
   _______________________________________________________________________________

4. ☐ I have conferred with opposing counsel regarding this motion.

☐ Opposing counsel [consents / does not consent / could not be reached].

5. ☐ This is the [first / second / etc.] request for an extension of this deadline.

6. If this extension is granted, I expect to file the [brief / document] by the requested deadline of [DATE].

7. The extension will not prejudice any party or unduly delay resolution of this appeal.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on [DATE] at [CITY, STATE].

_______________________________________
[NAME]

NON-EXTENDABLE DEADLINES WARNING

IMPORTANT: Under FRAP 26(b), certain deadlines cannot be extended:

☐ Time to file a notice of appeal (except as provided in FRAP 4)

☐ Time to file a petition for permission to appeal

☐ Time to file a petition to review agency orders (unless authorized by law)

☐ Time to file a petition for rehearing (except in limited circumstances)

This motion [does / does not] involve such a non-extendable deadline.

ARGUMENT

I. GOOD CAUSE EXISTS FOR THE REQUESTED EXTENSION

Under FRAP 26(b), this Court may extend time for good cause. Good cause exists here because:

[Develop argument based on grounds checked above]
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________

II. NO PREJUDICE WILL RESULT FROM THE EXTENSION

The requested extension will not prejudice any party because:

☐ Opposing counsel has consented to the extension.

☐ The extension is modest in length ([NUMBER] days).

☐ No hearing or argument date has been set that would be affected.

☐ The opposing party's deadlines will not be affected until Movant's filing occurs.

☐ The appeal does not involve time-sensitive issues requiring immediate resolution.

_______________________________________________________________________________

III. THE EXTENSION WILL NOT UNDULY DELAY RESOLUTION

This extension will not unduly delay the appeal because:

☐ The appeal is in its early stages.

☐ No oral argument date has been set.

☐ The total extensions in this matter have been reasonable.

_______________________________________________________________________________

CONCLUSION

For the foregoing reasons, Movant respectfully requests that this Court grant an extension of [NUMBER] days, to and including [NEW DATE], to [file the opening brief / file the response brief / complete specified act].

Respectfully submitted,

_______________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorney for [Movant]

Dated: _______________________

CERTIFICATE OF CONFERRAL

I certify that on [DATE], I conferred with counsel for [opposing party] regarding this motion for extension. Counsel:

☐ Consents to the extension

☐ Does not consent to the extension

☐ Could not be reached despite the following efforts: _______________________________________________

_______________________________________
[ATTORNEY NAME]

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I served a copy of this Motion for Extension of Time on all counsel of record by:

☐ CM/ECF Electronic Filing System

☐ First-Class U.S. Mail, postage prepaid

☐ Email

Served upon:

[NAME]
[ADDRESS]
[EMAIL]
Counsel for [Party]

_______________________________________
[ATTORNEY NAME]

PROPOSED ORDER

[COURT NAME]

Case No.: [NUMBER]

ORDER ON MOTION FOR EXTENSION OF TIME

Upon consideration of [Movant's] Motion for Extension of Time, and good cause appearing,

IT IS HEREBY ORDERED that:

☐ The motion is GRANTED. The deadline for [filing the opening brief / filing the response brief / completing specified act] is extended to [NEW DATE].

☐ The motion is GRANTED IN PART. The deadline is extended to [DATE], which is less than the time requested.

☐ The motion is DENIED.

☐ No further extensions will be granted absent extraordinary circumstances.

SO ORDERED this _____ day of _____________, 20___.

_______________________________________
[JUDGE NAME / CLERK OF COURT]

STATE-SPECIFIC NOTES

California

• Authority: California Rules of Court 8.60 (Extensions of Time)
• Stipulated Extensions: Parties may stipulate to extend each briefing period by up to 60 days without court approval (Rule 8.212(b))
• Court Approval Required: Extensions beyond stipulated period require application to the court
• Good Cause Standard: Must show good cause for extensions (Rule 8.63)
• Format: Use specific extension request forms where required by local court rules

Texas

• Authority: Texas Rules of Appellate Procedure 10.5 (Motions Relating to Briefs)
• Agreed Extensions: First agreed extension of up to 30 days may be obtained without motion (TRAP 10.5(b))
• Motion Required: Subsequent extensions require motion with explanation of good cause
• Briefing Extensions: Motion must state current deadline, length of extension, number of previous extensions, and reasons (TRAP 10.5(b))
• Service: Must be served on State Prosecuting Attorney in criminal cases

Florida

• Authority: Florida Rules of Appellate Procedure 9.300 (Motions)
• Stipulated Extensions: Parties may stipulate to one extension of the answer brief deadline not exceeding 30 days
• Format: Motion should state grounds and be accompanied by proposed order
• Good Cause: Extensions beyond stipulation require showing of good cause
• Timing: Motion should be filed before deadline expires

New York

• Authority: 22 NYCRR 1250.8 (Calendaring of Appeals); Court-specific rules
• Stipulation Limits: Limited stipulated extensions permitted; varies by department
• Good Cause: Applications for extensions require affirmation setting forth good cause
• Perfection Deadline: Extensions of time to perfect appeal governed by specific rules of each Appellate Division department
• Form: Many departments require specific forms for extension requests

PRACTICE TIPS

1. File Before Deadline: Always file the motion before the deadline expires. Late motions require a higher showing and may be denied.

2. Confer First: Courts expect counsel to confer before filing. An unopposed motion is much more likely to be granted.

3. Be Specific: State the exact deadline, the exact extension requested, and the new date. Ambiguity can cause problems.

4. Document Good Cause: Provide specific facts supporting good cause. "Heavy workload" alone may be insufficient; be specific about conflicts.

5. Limit Requests: Multiple extension requests are viewed unfavorably. Request enough time initially rather than seeking repeated short extensions.

6. Track Non-Extendable Deadlines: Verify that your deadline can be extended. Notice of appeal deadlines generally cannot be extended except in narrow circumstances under FRAP 4.

7. Local Rules: Check local court rules for specific requirements. Some courts have specific forms or procedural requirements for extension motions.

8. Stipulations: In federal court and many state courts, stipulated extensions for briefing may be available without a motion, up to certain limits.

9. Emergency Situations: If personal or health emergencies arise, explain the circumstances without unnecessary detail. Courts are generally understanding of genuine emergencies.

10. Settlement Discussions: While ongoing settlement talks may justify an extension, be prepared for the court to set a status deadline or require progress reports.

11. Oppose Strategically: If opposing an extension, balance the tactical advantage of a compressed timeline against the risk of antagonizing the court or appearing unreasonable.

12. Transcript Delays: If the reporter is delayed, document your efforts to obtain the transcript and provide evidence of the delay.