Motion for Extension of Time – Federal Court

Motion for Extension of Time – Federal Court

UNITED STATES DISTRICT COURT
[________________________________] DISTRICT OF [____________________]
[________________] DIVISION

[Full Party Name(s)],

Plaintiff(s),

v.

[Full Party Name(s)],

Defendant(s).

Case No. [____]-cv-[________________________________]

Judge: Hon. [________________________________]
Magistrate Judge: Hon. [________________________________]

Current Deadline: [__/__/____]
Requested New Deadline: [__/__/____]
This Extension Requested: ☐ BEFORE deadline expiration ☐ AFTER deadline expiration

[PARTY]'S MOTION FOR EXTENSION OF TIME TO [DESCRIBE FILING/TASK]

(Fed. R. Civ. P. 6(b)(1); Pioneer Investment Services Co. v. Brunswick Associates,
507 U.S. 380 (1993))

INTRODUCTION

[________________________________] (the "[Plaintiff/Defendant]"), by and through
undersigned counsel, respectfully moves this Court pursuant to Federal Rule of Civil Procedure
6(b)(1) for an extension of time of [____] days — from [__/__/____] to [__/__/____] — within
which to [describe filing/task: e.g., "file its Response to Defendant's Motion for Summary
Judgment" / "serve its Initial Expert Report" / "complete and serve written discovery responses"].

This Motion is timely filed [☐ before / ☐ after] the expiration of the deadline at issue. The
applicable legal standard is set forth below. This Motion is supported by the accompanying
declaration of [________________________________] and all pleadings and records on file.

LEGAL STANDARD

A. Pre-Deadline Extension: Good Cause — FRCP 6(b)(1)(A)

(Use this section if the deadline has NOT yet expired)

Federal Rule of Civil Procedure 6(b)(1)(A) provides that when an act must be done within a
specified time, "the court may, for good cause, extend the time" if the request is made before
the original time or its extension expires.

"Good cause" is a relatively liberal standard. Unlike "excusable neglect," good cause does
not require the movant to show fault. Rather, the focus is on whether there is a legitimate reason
for granting additional time. Courts consider: (1) the length of the requested extension; (2) the
effect on the opposing party; (3) the effect on the judicial calendar; and (4) the reason for the
need for additional time.

☐ This motion is brought under FRCP 6(b)(1)(A) (pre-expiration).

B. Post-Deadline Extension: Excusable Neglect — FRCP 6(b)(1)(B)

(Use this section if the deadline HAS already expired)

Federal Rule of Civil Procedure 6(b)(1)(B) provides that on motion after the time has expired,
"the court may, for good cause, extend the time . . . if the party failed to act because of
excusable neglect."

The Supreme Court in Pioneer Investment Services Co. v. Brunswick Associates Ltd.
Partnership, 507 U.S. 380 (1993), established that "excusable neglect" is an "elastic concept"
subject to an equitable analysis of all relevant circumstances. The Court identified four factors:

Courts have found "excusable neglect" for delays caused by: attorney illness or family emergency;
office system failures; ambiguous court orders; unusual form of notice; or miscalculation of
deadlines.

Important: Even with a strong showing of excusable neglect, courts retain discretion to deny
the extension. Filing this motion promptly upon discovering the missed deadline is critical.

☐ This motion is brought under FRCP 6(b)(1)(B) (post-expiration — excusable neglect).

C. Scheduling Order Modifications

If the deadline sought to be extended was set by a Scheduling Order, Federal Rule of Civil
Procedure 16(b)(4) provides the applicable standard: modification requires "good cause" and
"the judge's consent." This standard is more stringent than the general FRCP 6(b) standard and
requires the moving party to show that the deadline could not reasonably have been met despite
the exercise of due diligence.

☐ The deadline at issue was set by Scheduling/Case Management Order (ECF No. [____])
entered on [__/__/____]. This motion is also governed by FRCP 16(b)(4).

SECTION 1: EXISTING DEADLINE

1.1 The deadline for [describe filing/task] is [__/__/____].

1.2 Source of the deadline (check all that apply):

☐ Federal Rule of Civil Procedure [____]
☐ Court's Scheduling/Case Management Order, entered [__/__/____] (ECF No. [____])
☐ Court Order dated [__/__/____] (ECF No. [____])
☐ Stipulation and Order entered [__/__/____] (ECF No. [____])
☐ Statutory deadline under [________________________________]
☐ Local Rule [________________________________]
☐ Other: [________________________________]

1.3 The document/task at issue: [________________________________]

1.4 Has the deadline already expired?
☐ No — The current deadline is [__/__/____] and today is [__/__/____]. This motion is
timely under FRCP 6(b)(1)(A).
☐ Yes — The deadline expired on [__/__/____]. This motion is brought under the excusable
neglect standard of FRCP 6(b)(1)(B). The delay of [____] days is explained below.

SECTION 2: EXTENSION REQUESTED

2.1 Movant requests an extension of [____] days.

2.2 Current Deadline: [__/__/____]
2.3 Proposed New Deadline: [__/__/____]

2.4 This extension ☐ would / ☐ would not affect other case deadlines set by the
Court's Scheduling Order or Case Management Order. If it does affect other deadlines,
Movant proposes the following corresponding modifications:

SECTION 3: REASONS FOR EXTENSION

3.1 Good Cause / Excusable Neglect — Detailed Explanation:

[Provide a full, factual explanation for the need for additional time. Be specific. Do not use
vague boilerplate. Courts look unfavorably on generic requests.]

[________________________________]

3.2 Specific Reasons (check all that apply):

☐ Workload/Complexity: The filing at issue is unusually complex and voluminous, requiring
more time than anticipated. Specifically: [________________________________]

☐ Attorney Illness or Family Emergency: Lead counsel [________________________________]
was unexpectedly incapacitated from [__/__/____] to [__/__/____] due to
[________________________________]. Supporting documentation is available upon the
Court's request.

☐ Difficulty Obtaining Necessary Information: Counsel has been diligently working to
gather [factual information / expert reports / documents] necessary to prepare the filing,
including: [________________________________]

☐ Settlement Discussions: The Parties have been engaged in active settlement negotiations
since [__/__/____], which diverted counsel's attention and resources from this filing.

☐ Expert Coordination: Movant's retained expert [________________________________]
requires additional time to complete [analysis / report / review] due to: [________________________________]

☐ Late Production of Documents: The opposing party produced [____] pages of documents
on [__/__/____], which counsel has not yet had an adequate opportunity to review and
incorporate into the pending filing.

☐ Miscalculation/Clerical Error: [Describe and explain]: [________________________________]

☐ Technology/System Failure: [________________________________]

☐ Other: [________________________________]

3.3 Diligence Showing: Despite the foregoing, Movant has diligently prosecuted/defended
this action, including:

• [Date]: [Action taken]: [________________________________]
• [Date]: [Action taken]: [________________________________]
• [Date]: [Action taken]: [________________________________]

SECTION 4: PRIOR EXTENSION HISTORY

Complete disclosure of all prior extensions for this deadline and related deadlines:

☐ No prior extensions have been sought or granted for this deadline.

Total number of prior extensions for this specific deadline: [____]

SECTION 5: MEET AND CONFER

5.1 Pursuant to [Local Rule [________________________________] / the Court's Standing
Order / FRCP 7(b)], counsel for Movant conferred with opposing counsel before filing
this motion:

• Method: ☐ Telephone ☐ Email ☐ Video Conference ☐ In Person
• Date of Contact: [__/__/____]
• Counsel Contacted: [________________________________], counsel for [________________________________]

5.2 Opposing Counsel's Position:

☐ Agrees / Does Not Oppose this extension. [A joint stipulation may be filed in lieu of
this motion if opposing counsel agrees and local rules allow it.]
☐ Opposes this extension on the following grounds:
[________________________________]
☐ Takes No Position / Defers to Court.
☐ Did Not Respond to counsel's outreach on [__/__/____] and [__/__/____] (follow-up).

SECTION 6: PIONEER FACTORS ANALYSIS (POST-DEADLINE MOTIONS ONLY)

(Complete if the deadline has already expired — FRCP 6(b)(1)(B))

Pioneer Factors Summary: On balance, the Pioneer factors [☐ support / ☐ do not support]
a finding of excusable neglect because: [________________________________]

SECTION 7: EFFECT ON SCHEDULE AND ABSENCE OF PREJUDICE

7.1 This extension will not cause unfair prejudice to any party because:
[________________________________]

7.2 Granting this extension will [☐ have no effect on / ☐ require corresponding adjustment
of] the trial date of [__/__/____] and other case deadlines.

7.3 Granting this extension will promote efficient and thorough briefing by allowing:
[________________________________]

SECTION 8: CONCLUSION

For the foregoing reasons, [Party] respectfully requests that this Court:

1. GRANT this Motion for Extension of Time;

2. Extend the deadline to [file/serve/complete] [________________________________]
   from [__/__/____] to [__/__/____]; and

3. Enter the Proposed Order attached hereto.

Dated: [__/__/____]

Respectfully submitted,

Signature: [________________________________]

[________________________________]
[Bar No. [________________________________]]
[________________________________] (Firm)
[________________________________]
[________________________________], [____] [__________]
([____]) [____]-[________]
[________________________________] (Email)
Counsel for [________________________________]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing Motion for Extension
of Time with the Clerk of Court using the CM/ECF system, which will send notification to all
counsel of record who are registered CM/ECF participants.

☐ Non-CM/ECF participants were served by [________________________________] on [__/__/____].

Signature: [________________________________]
Counsel for [________________________________]

[PROPOSED] ORDER GRANTING EXTENSION OF TIME

UNITED STATES DISTRICT COURT
[________________________________] DISTRICT OF [____________________]

[Case Caption]

Case No. [____]-cv-[________________________________]

[PROPOSED] ORDER GRANTING MOTION FOR EXTENSION OF TIME

The Court, having reviewed [Party]'s Motion for Extension of Time (ECF No. [____]), any
opposition thereto (ECF No. [____]), and any reply thereto, and finding good cause [and/or
excusable neglect, Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380
(1993),] therefor:

IT IS HEREBY ORDERED that:

1. The Motion for Extension of Time is GRANTED.

2. The deadline for [Party] to [describe filing/task] is extended from [__/__/____] to
   [__/__/____].

4. All other provisions of the Court's Scheduling/Case Management Order remain in effect.

IT IS SO ORDERED.

Dated: _______________

[________________________________]
United States [☐ District ☐ Magistrate] Judge

PRACTICE CHECKLIST

Sources and References

• Fed. R. Civ. P. 6: https://www.law.cornell.edu/rules/frcp/rule_6
• Fed. R. Civ. P. 16: https://www.law.cornell.edu/rules/frcp/rule_16
• Pioneer Investment Services Co. v. Brunswick Associates, 507 U.S. 380 (1993): https://supreme.justia.com/cases/federal/us/507/380/