MOTION FOR EXTENSION OF TIME

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA
CIVIL DIVISION

[________________________________],
Plaintiff(s),
Case No.: CV-[________________________________]
v.

[________________________________],
Defendant(s).

MOTION FOR EXTENSION OF TIME

COMES NOW [________________________________] ("Movant"), by and through undersigned counsel, and respectfully moves this Honorable Court, pursuant to Rule 6(b) of the Alabama Rules of Civil Procedure, for an Order enlarging the time within which Movant must [________________________________], and in support thereof states as follows:

I. INTRODUCTION AND IDENTIFICATION OF DEADLINE

1. This civil action was filed on [__/__/____] and is assigned to the Honorable [________________________________], Circuit Judge.

2. Movant seeks an enlargement of time for the following act or filing: [________________________________]

3. The current deadline was established by:

☐ Court Order dated [__/__/____]
☐ Scheduling/Case Management Order entered pursuant to Ala. R. Civ. P. 16 dated [__/__/____]
☐ Alabama Rules of Civil Procedure (specify rule): [________________________________]
☐ Stipulation of the parties dated [__/__/____]
☐ Other: [________________________________]

4. The current deadline is: [__/__/____]

5. The proposed new deadline is: [__/__/____]

6. The total additional time requested is: [____] days.

7. ☐ The deadline has NOT yet expired (pre-expiration request under Rule 6(b)(1)).
   ☐ The deadline HAS expired (post-expiration request under Rule 6(b)(2) — excusable neglect standard applies).

II. PROCEDURAL HISTORY

8. This case was initiated on [__/__/____] by the filing of a [________________________________].

9. The current scheduling order or case management order was entered on [__/__/____], setting the following relevant deadlines:

10. The requested extension ☐ will / ☐ will not require modification of any other deadline in the scheduling order.

III. PRIOR EXTENSIONS

11. The number of prior extensions requested by Movant for this same deadline or obligation: [____]

12. The number of prior extensions granted for this same deadline or obligation: [____]

13. ☐ This is Movant's first request for an extension of this deadline.
    ☐ Prior extensions were granted as follows: [________________________________]

14. ☐ No other party has previously requested an extension of this deadline.
    ☐ Other party previously requested an extension of this deadline on [__/__/____], which was ☐ granted / ☐ denied.

IV. GROUNDS FOR EXTENSION

15. Good cause exists for the requested enlargement of time based on the following (check all that apply):

☐ Complexity of issues requiring additional research, analysis, or preparation
☐ Voluminous discovery materials requiring review (approximately [____] pages/documents)
☐ Necessity of obtaining additional discovery or outstanding discovery responses
☐ Unavailability of essential witnesses for deposition or consultation
☐ Ongoing good-faith settlement negotiations between the parties
☐ Need to retain, consult with, or obtain a report from an expert witness
☐ Illness or medical emergency of counsel, party, or essential witness
☐ Unavoidable scheduling conflict of counsel (specify): [________________________________]
☐ Recent retention or substitution of counsel
☐ Pending third-party subpoena responses or records requests
☐ Intervening judicial ruling or change in law affecting this matter
☐ Natural disaster, emergency, or force majeure event
☐ Other good cause: [________________________________]

16. Specific factual basis for the requested extension:

[________________________________]
[________________________________]
[________________________________]

V. LEGAL STANDARD

A. Rule 6(b) — Enlargement of Time

17. Alabama Rule of Civil Procedure 6(b) governs enlargement of time and provides in pertinent part:

"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 (1) 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, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect."

18. Pre-Expiration Requests (Rule 6(b)(1)): When the motion is filed before the deadline has passed, the court may enlarge the time "for cause shown" and may do so with or without motion or notice. The standard is one of general cause, and the court exercises broad discretion.

19. Post-Expiration Requests (Rule 6(b)(2)): When the motion is filed after the deadline has passed, the movant must demonstrate that the failure to act was the result of excusable neglect. This is a more demanding standard requiring the movant to show that the failure was not due to carelessness, negligence, or deliberate disregard of the deadline. See Ex parte Wharton, 711 So. 2d 1014 (Ala. 1998).

B. Limitations on Enlargement

20. Rule 6(b) expressly prohibits enlargement of the following post-judgment deadlines:

• Motions for judgment notwithstanding the verdict under Rule 50(b)
• Motions for amended findings under Rule 52(b)
• Motions for new trial under Rule 59(b) and (d)
• Motions to alter or amend judgment under Rule 59(e)
• Motions to set aside judgment under Rule 60(b)

21. Rule 6(b) also does not apply to statutory time periods, as the rule governs only time periods "prescribed or allowed" by the Alabama Rules of Civil Procedure, court orders, or notices. See Committee Comments to Rule 6(b).

C. Factors Considered by Alabama Courts

22. Alabama courts consider the following factors in evaluating motions for extension:

a. The diligence of the movant in attempting to comply with the original deadline;
b. Whether the delay was caused by circumstances beyond the movant's control;
c. The prejudice, if any, to the non-moving party;
d. The length of the extension requested;
e. Whether prior extensions have been granted;
f. The impact on the trial date and overall case schedule;
g. Whether the extension serves the interests of justice.

See Ex parte Johnson, 673 So. 2d 410 (Ala. 1994); Sexton v. Prisock, 495 So. 2d 635 (Ala. 1986).

VI. ARGUMENT IN SUPPORT

A. Cause Exists for the Requested Enlargement

23. [________________________________]

24. Movant has acted with diligence in attempting to meet the current deadline, including:
    [________________________________]
    [________________________________]

B. No Prejudice to Opposing Party

25. Granting the requested enlargement will not unduly prejudice [________________________________] ("Non-Movant") because:

☐ The trial date of [__/__/____] will not be affected
☐ No other case management deadlines will be impacted
☐ Non-Movant will retain adequate time to respond or prepare
☐ Non-Movant has consented to or does not oppose the extension
☐ The requested extension is modest in scope ([____] days)
☐ Other: [________________________________]

C. The Extension Is Not for Purposes of Delay

26. This motion is made in good faith. The extension is not sought for the purpose of delay, harassment, or increasing the cost of litigation. Rather, the extension will promote the just, speedy, and inexpensive determination of this action by allowing Movant to [________________________________].

D. Excusable Neglect (If Applicable — Post-Expiration Requests Only)

27. ☐ Not applicable — the deadline has not yet expired.
    ☐ The failure to timely act was the result of excusable neglect because: [________________________________]

VII. POSITION OF OPPOSING PARTY

28. Undersigned counsel has conferred with counsel for the opposing party regarding this motion.

29. ☐ Opposing counsel consents to the requested extension.
    ☐ Opposing counsel does not oppose the requested extension.
    ☐ Opposing counsel opposes the requested extension.
    ☐ Opposing counsel has not responded to conferral efforts as of the date of filing.
    ☐ Opposing party is self-represented and was contacted on [__/__/____].

30. Date of conferral or attempted conferral: [__/__/____]

31. Method of conferral:
    ☐ Telephone ☐ Email ☐ In person ☐ Written correspondence

32. If opposition exists, opposing counsel's stated basis is: [________________________________]

VIII. CERTIFICATE OF CONFERRAL

I, [________________________________], counsel for Movant, hereby certify that on [__/__/____], I conferred (or made good-faith efforts to confer) with [________________________________], counsel for [________________________________], regarding this Motion for Extension of Time.

☐ Opposing counsel consented to the extension.
☐ Opposing counsel did not oppose the extension.
☐ Opposing counsel objected for the following reasons: [________________________________]
☐ Despite good-faith efforts on the following dates and by the following means, I was unable to confer with opposing counsel: [________________________________]

Signature: [________________________________]
Date: [__/__/____]

IX. VERIFICATION

STATE OF ALABAMA )
COUNTY OF [________________________________] )

I, [________________________________], being duly sworn, depose and state:

1. I am the ☐ Movant / ☐ Attorney for Movant in this action.

2. The facts set forth in this Motion are true and correct to the best of my knowledge, information, and belief, formed after reasonable inquiry.

3. This Motion is filed in good faith and not for any improper purpose.

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [________________________________], 20[____].

[________________________________]
Notary Public
My Commission Expires: [__/__/____]

X. PRAYER FOR RELIEF

WHEREFORE, [________________________________] respectfully requests that this Honorable Court enter an Order:

1. Enlarging the time for [________________________________] from [__/__/____] to [__/__/____];

2. Directing that all other scheduling order deadlines and the trial date remain in full force and effect unless otherwise modified by the Court; and

3. Granting such other and further relief as this Court deems just and proper.

SIGNATURE BLOCK

Respectfully submitted this _______ day of ____________________, 20____.

[________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Alabama [________] (City, Zip)
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
[________________________________]
Alabama State Bar No. ASB-[________________________________]
Counsel for [________________________________]

PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA
CIVIL DIVISION

[________________________________],
Plaintiff(s),
Case No.: CV-[________________________________]
v.

[________________________________],
Defendant(s).

ORDER GRANTING MOTION FOR EXTENSION OF TIME

This matter is before the Court on [________________________________]'s Motion for
Extension of Time filed on [__/__/____]. The Court, having considered the
Motion, any response thereto, and for good cause shown pursuant to Rule 6(b)
of the Alabama Rules of Civil Procedure, it is hereby

ORDERED, ADJUDGED, AND DECREED as follows:

1. The Motion for Extension of Time is GRANTED.

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

3. All other scheduling order deadlines and the trial date of [__/__/____]
   shall remain in full force and effect unless modified by further Order
   of this Court.

4. [Any additional conditions: ________________________________]

DONE and ORDERED this _______ day of ____________________, 20____.

________________________________________
The Honorable [________________________________]
Circuit Judge

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing Motion for Extension of Time and Proposed Order with the Clerk of Court using the AlaFile electronic filing system, which will automatically serve all registered counsel of record in compliance with Ala. R. Civ. P. 5(b)(4).

In addition, I served a copy upon the following by the means indicated:

________________________________________
[________________________________]
Alabama State Bar No. ASB-[________________________________]

PRACTICE NOTES FOR ALABAMA PRACTITIONERS

Key Alabama-Specific Considerations

1. AlaFile Electronic Filing: Alabama circuit courts use the AlaFile e-filing system. All filings in circuit court civil actions must be submitted electronically through AlaFile unless an exemption has been granted. See Ala. R. Civ. P. 5(d)(1).

2. Pre-Expiration vs. Post-Expiration: The distinction under Rule 6(b) is critical. Pre-expiration requests may be made with or without motion or notice and require only a showing of "cause." Post-expiration requests require a formal motion and a showing of "excusable neglect," which is a significantly higher standard.

3. Statutory Deadlines Cannot Be Enlarged: Rule 6(b) applies only to deadlines set by the Alabama Rules, court orders, or notices. Statutory time periods are not subject to enlargement. Practitioners must identify whether the deadline at issue arises from a rule or a statute.

4. Post-Judgment Deadline Restrictions: Rule 6(b) expressly excludes enlargement of time for post-judgment motions under Rules 50(b), 52(b), 59(b), 59(d), 59(e), and 60(b). These deadlines are jurisdictional and cannot be extended.

5. Alabama State Bar Number Format: Alabama attorney identification numbers follow the format "ASB-####-####" and must be included in all court filings.

6. Uniform Scheduling Order: Many Alabama circuit courts use a Uniform Scheduling Order that tracks specific case management milestones. Counsel should determine whether the local circuit uses a standard scheduling format.

7. Time Computation Under Rule 6(a): When computing time, exclude the day of the triggering event. If the last day is a Saturday, Sunday, or Alabama state legal holiday, the period extends to the next business day. See Ala. R. Civ. P. 6(a).

8. Local Court Rules: Individual circuit courts may have local rules or administrative orders imposing additional requirements for motions practice, including page limits and formatting requirements. Verify compliance with the applicable local rules.

Sources and References

• Ala. R. Civ. P. 6(a) — Computation of Time
• Ala. R. Civ. P. 6(b) — Enlargement of Time
• Ala. R. Civ. P. 7(b) — Motions and Other Papers
• Ala. R. Civ. P. 5 — Service and Filing of Pleadings and Other Papers
• Ala. R. Civ. P. 16 — Pretrial Procedures; Scheduling; Conferences
• Ala. Code § 12-12-7 — Circuit Court Jurisdiction
• Ex parte Wharton, 711 So. 2d 1014 (Ala. 1998)
• Ex parte Johnson, 673 So. 2d 410 (Ala. 1994)
• Sexton v. Prisock, 495 So. 2d 635 (Ala. 1986)
• Committee Comments to Alabama Rule of Civil Procedure 6
• Alabama Judicial System — AlaFile: https://judicial.alabama.gov
• Alabama Rules of Civil Procedure: https://judicial.alabama.gov/library/CivilProcedure