MOTION FOR EXTENSION OF TIME

Alaska Superior Court

IMPORTANT INSTRUCTIONS FOR ATTORNEYS

1. Replace all bracketed placeholders with case-specific information.
2. Alaska uses the TrueFiling electronic filing system for Superior Court filings. Verify filing requirements with the specific court location.
3. Under Alaska Civil Rule 6(b)(1), motions filed before the deadline expires require a showing of "cause." Motions filed after the deadline expires require a showing of "excusable neglect."
4. Alaska Civil Rule 77(c) governs the form and content of motions. Motions must state the relief requested and the grounds with particularity.
5. Alaska has four judicial districts: First (Juneau), Second (Nome), Third (Anchorage), and Fourth (Fairbanks). Ensure the correct district appears in the caption.
6. Responses to motions must be filed within 10 days if personally served, or 13 days if served by mail. Alaska R. Civ. P. 77(c)(2).
7. Supporting declarations must comply with AS 09.63.010 (Unsworn Declaration Under Penalty of Perjury).
8. Remove all instructional notes before filing.

CAPTION

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

MOTION FOR EXTENSION OF TIME

Pursuant to Alaska Rules of Civil Procedure 6(b) and 77(c), [________________________________] ("Movant") respectfully moves this Court for an order extending the deadline for [________________________________] from [__/__/____] to [__/__/____], and in support thereof states as follows:

I. RELIEF REQUESTED

Movant requests that the Court enter an order extending the deadline for [________________________________] from [__/__/____] to [__/__/____], a period of [____] additional days. Movant also requests that any related deadlines be adjusted as set forth in Section IX below.

II. IDENTIFICATION OF DEADLINE AT ISSUE

1. Current Deadline: [__/__/____]

2. Obligation Due: [________________________________]

3. Source of Deadline:

☐ Court Order dated [__/__/____]

☐ Pretrial/Scheduling Order dated [__/__/____]

☐ Rule-based deadline under Alaska R. Civ. P. [____]

☐ Stipulation of the parties dated [__/__/____]

4. Proposed New Deadline: [__/__/____]

5. Length of Extension Requested: [____] days

6. Number of Prior Extensions Granted for This Obligation: [____]

III. TIMING OF THIS MOTION

☐ This Motion is filed before the expiration of the current deadline. Movant seeks relief under Alaska R. Civ. P. 6(b)(1), which permits the court to enlarge the time for doing any act "for cause shown" when the application is made before the original time or its extension expires.

☐ This Motion is filed after the expiration of the current deadline. Movant seeks relief under Alaska R. Civ. P. 6(b)(2), which permits the court to enlarge the time for doing any act upon a showing of "excusable neglect" when the application is made after the expiration of the specified period.

IV. CONFERRAL WITH OPPOSING COUNSEL

Movant's counsel certifies the following regarding conferral with opposing counsel:

☐ Counsel conferred with [________________________________], counsel for [________________________________], on [__/__/____]. Opposing counsel does not oppose this Motion.

☐ Counsel conferred with [________________________________], counsel for [________________________________], on [__/__/____]. Opposing counsel opposes this Motion. The stated basis for opposition is: [________________________________].

☐ Counsel conferred with [________________________________], counsel for [________________________________], on [__/__/____]. Opposing counsel takes no position.

☐ Despite good-faith efforts on [__/__/____] and [__/__/____], counsel was unable to confer with opposing counsel. Efforts included: [________________________________].

☐ Movant is self-represented and conferred directly with [________________________________] on [__/__/____].

V. FACTUAL BACKGROUND

1. This action was commenced on [__/__/____] and involves claims for [________________________________].

2. On [__/__/____], the Court entered [________________________________] (the "Order") establishing a deadline of [__/__/____] for [________________________________].

3. Since entry of the Order, Movant has diligently pursued compliance with the deadline, including the following specific steps:

a. [________________________________]

b. [________________________________]

c. [________________________________]

4. Despite Movant's diligence, additional time is necessary because:

a. [________________________________]

b. [________________________________]

5. The current trial date is set for [__/__/____]. The requested extension will not affect the trial date or other deadlines in the Court's pretrial order.

6. [Additional relevant facts: ________________________________]

VI. GROUNDS FOR EXTENSION

Movant asserts the following grounds in support of this Motion (select all that apply):

☐ Volume of discovery materials. Movant has received [____] pages of documents and/or [____] electronic files requiring review and analysis.

☐ Expert witness scheduling. Movant's retained expert, [________________________________], is not available until [__/__/____] due to [________________________________].

☐ Third-party records. Movant is awaiting records from [________________________________], which were subpoenaed on [__/__/____] and have not yet been produced.

☐ Complexity of legal issues. The legal issues presented require additional research and briefing, including [________________________________].

☐ Settlement negotiations. The parties are engaged in active settlement discussions and an extension would facilitate resolution without further litigation expense.

☐ Attorney scheduling conflict. Undersigned counsel has a conflicting obligation in [________________________________], Case No. [________________________________], set for [__/__/____].

☐ Illness or emergency. [________________________________] experienced [________________________________] on [__/__/____], which prevented timely completion of [________________________________].

☐ Newly retained counsel. Movant retained new counsel on [__/__/____], and counsel requires additional time to become familiar with the case.

☐ Geographic or logistical challenges. Due to Alaska's unique geography, [________________________________] requires additional time for [________________________________].

☐ Weather-related delay. Travel or communications were disrupted by weather conditions affecting [________________________________] on or about [__/__/____].

☐ Other: [________________________________]

VII. LEGAL STANDARD

A. Alaska R. Civ. P. 6(b) — Enlargement of Time

Alaska Rule of Civil Procedure 6(b) provides:

(1) When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (a) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order[.]

(2) [U]pon motion made after the expiration of the specified period, [the court may] permit the act to be done where the failure to act was the result of excusable neglect[.]

The rule further provides that the court may not extend the time for taking any action under Rules 50(b), 52(b), 59(b), (d), and (e), and 60(b), except to the extent and under the conditions stated therein. Alaska R. Civ. P. 6(b)(3).

B. "Good Cause" Standard (Pre-Deadline)

When the motion is filed before the deadline expires, the movant must demonstrate "cause" for the extension. Alaska courts have held that this standard requires a showing that the movant acted with reasonable diligence and that circumstances beyond the movant's control necessitate additional time. See State v. 1.163 Acres, More or Less, 440 P.2d 580, 582 (Alaska 1968).

C. "Excusable Neglect" Standard (Post-Deadline)

When the motion is filed after the deadline expires, the movant must demonstrate "excusable neglect." Alaska courts require: (1) the allegation of a reason, such as excusable neglect, for not taking an action on time; and (2) a meritorious defense or claim. See Gregor v. Hodges, 612 P.2d 1008, 1010 (Alaska 1980); Jerrel v. Kenai Peninsula Borough Sch. Dist., 567 P.2d 760, 763 (Alaska 1977). The trial court has broad discretion in ruling on such motions, and denial will be overturned only upon a showing of abuse of discretion. Id.

D. Motion Requirements — Alaska R. Civ. P. 77(c)

Alaska R. Civ. P. 77(c) requires that motions state the relief requested and the grounds with particularity. Supporting evidence may be provided by affidavit or by declaration under penalty of perjury pursuant to AS 09.63.010.

E. Alaska R. Civ. P. 1 — Liberal Construction

Alaska R. Civ. P. 1 provides that the Rules "shall be construed to secure the just, speedy, and inexpensive determination of every action." This policy favors resolution on the merits where a brief extension causes no prejudice.

VIII. ARGUMENT

A. Good Cause / Excusable Neglect Exists

[________________________________]

Movant has demonstrated diligence in this litigation. The need for additional time arises from [________________________________], which was not reasonably foreseeable when the original deadline was established. Movant promptly sought this extension upon discovering the circumstances requiring it.

B. Movant Has Acted Diligently

Since the commencement of this action, Movant has consistently met all prior deadlines. The following specific steps demonstrate Movant's diligence:

1. [________________________________]
2. [________________________________]
3. [________________________________]

C. No Prejudice to Non-Moving Party

Granting this extension will not prejudice [________________________________] ("Non-Moving Party") because:

1. The trial date of [__/__/____] remains unaffected.
2. Non-Moving Party's own deadlines are not impacted.
3. Non-Moving Party has not identified any specific prejudice.
4. [________________________________]

D. Alaska's Geographic and Logistical Considerations

Alaska's vast geography and the logistical challenges unique to practice in this state are relevant considerations. [________________________________]. These conditions further support the requested extension.

E. The Extension Promotes Resolution on the Merits

Granting a modest extension serves the goals of Alaska R. Civ. P. 1 by ensuring that the matter is resolved on its merits rather than on procedural grounds.

IX. IMPACT ON OTHER DEADLINES

☐ No other deadlines are affected by this extension.

☐ The following deadlines should be correspondingly adjusted:

X. DECLARATION IN SUPPORT (IF REQUIRED)

I, [________________________________], declare under penalty of perjury pursuant to AS 09.63.010 that the following is true and correct:

1. I am [________________________________] in this action / counsel for [________________________________] in this action.

2. [State facts supporting the motion: ________________________________]

3. [________________________________]

4. [________________________________]

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

Executed on [__/__/____] at [________________________________], Alaska.

________________________________________
[________________________________]

XI. REQUESTED RELIEF

WHEREFORE, Movant respectfully requests that this Court:

1. Extend the deadline for [________________________________] from [__/__/____] to [__/__/____];
2. Adjust any related deadlines as set forth in Section IX above; and
3. Grant such other and further relief as the Court deems just and equitable.

SIGNATURE BLOCK

DATED this [____] day of [________________________________], [____].

[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Alaska [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
[________________________________]
Alaska Bar No. [________________________________]
Attorney for [________________________________]

PROPOSED ORDER

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

[________________________________] JUDICIAL DISTRICT AT [________________________________]

ORDER GRANTING MOTION FOR EXTENSION OF TIME

Upon consideration of [________________________________]'s Motion for Extension of Time filed on [__/__/____], and for good cause shown, IT IS HEREBY ORDERED that:

1. The Motion for Extension of Time is GRANTED.

2. The deadline for [________________________________] is hereby extended from [__/__/____] to [__/__/____].

3. ☐ All other provisions of the Court's prior orders remain in full force and effect.

☐ The following deadlines are adjusted accordingly:
- [________________________________]: extended to [__/__/____]
- [________________________________]: extended to [__/__/____]

4. [________________________________]

DATED this [____] day of [________________________________], [____], at [________________________________], Alaska.

________________________________________
Honorable [________________________________]
Superior Court Judge

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing MOTION FOR EXTENSION OF TIME, DECLARATION IN SUPPORT (if applicable), and PROPOSED ORDER was served upon all counsel of record and parties by the following method(s) pursuant to Alaska R. Civ. P. 5:

________________________________________
[________________________________]

SOURCES AND REFERENCES

• Alaska Rules of Civil Procedure (Complete): https://courts.alaska.gov/rules/docs/civ.pdf
• Alaska Court System — Court Rules: https://courts.alaska.gov/rules/index.htm
• Alaska Court System — TrueFiling Electronic Filing: https://courts.alaska.gov/trialcourts/efiling.htm
• Alaska Civil Motion Packet (Form CIV-800): https://public.courts.alaska.gov/web/forms/docs/civ-800total.pdf
• Alaska Motion for Extension of Time Form (CIV-809): https://public.courts.alaska.gov/web/forms/docs/civ-809.pdf
• AS 09.63.010 — Unsworn Declaration Under Penalty of Perjury
• AS 22.10.020 — Superior Court Jurisdiction
• State v. 1.163 Acres, More or Less, 440 P.2d 580 (Alaska 1968) — Good cause standard
• Gregor v. Hodges, 612 P.2d 1008 (Alaska 1980) — Excusable neglect standard
• Jerrel v. Kenai Peninsula Borough Sch. Dist., 567 P.2d 760 (Alaska 1977) — Discretionary standard for relief from neglect