MOTION FOR EXTENSION OF TIME

STATE OF ARKANSAS — CIRCUIT COURT

1. CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS
[________________________________] JUDICIAL CIRCUIT
[☐ CIVIL / ☐ DOMESTIC RELATIONS] DIVISION

Case No. [________________]

[________________________________],
Plaintiff(s),

vs.

[________________________________],
Defendant(s).

2. TITLE OF MOTION

[PLAINTIFF'S/DEFENDANT'S] MOTION FOR EXTENSION OF TIME TO [________________________________]

3. INTRODUCTION

NOW COMES the [☐ Plaintiff / ☐ Defendant], [________________________________] (hereinafter "Movant"), by and through [his/her/their] attorneys, [________________________________], and pursuant to Arkansas Rule of Civil Procedure 6(b), respectfully moves this Court for an Order extending the time within which to [________________________________]. In support of this Motion, Movant states as follows:

4. CASE INFORMATION

5. IDENTIFICATION OF DEADLINE

1. On [__/__/____], [☐ this Court entered a Scheduling Order / ☐ this Court entered an Order / ☐ the following occurred: ________________________________] establishing a deadline of [__/__/____] for [________________________________].

2. The deadline arises under [☐ Ark. R. Civ. P. [____] / ☐ Court Order dated [__/__/____] / ☐ the Court's Scheduling Order dated [__/__/____] / ☐ Ark. Code Ann. § [________________________________] / ☐ other: ________________________________].

3. The current deadline [☐ has not yet expired / ☐ expired on [__/__/____]].

6. LEGAL STANDARD — ARK. R. CIV. P. 6(b)

Arkansas Rule of Civil Procedure 6(b) provides:

When by these rules or by a notice given thereunder or by order of the 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 mistake, inadvertence, surprise, excusable neglect, or other just cause.

Key Principles:

• Pre-Deadline: The Court may enlarge time upon a showing of "cause" before the original period expires.
• Post-Deadline: After expiration, the movant must show the failure was due to "mistake, inadvertence, surprise, excusable neglect, or other just cause." Note that Arkansas's standard is broader than the federal analog because it includes "other just cause" as a separate ground.
• Good Cause Required: Both enlargements and reductions of time must be justified by a showing of good cause. Ark. R. Civ. P. 6(c)(1).
• Policy Favoring Merits: Arkansas Rule of Civil Procedure 1 provides that the rules shall be construed to "secure the just, speedy, and inexpensive determination of every action," and Arkansas courts favor resolution on the merits. See Holland v. Lefler, 82 Ark. App. 379, 120 S.W.3d 610 (2003).

Limitations: The Court may not extend the time for taking any action under Ark. R. Civ. P. 50(b), 52(b), 59(b), (d), and (e), and 60(b), except to the extent and under the conditions stated therein.

7. GROUNDS FOR EXTENSION

Movant seeks this extension based on the following grounds (check all that apply):

☐ Volume and complexity of discovery materials requiring additional review
☐ Recently produced documents or supplemental disclosures necessitating analysis
☐ Unavailability of key witness(es) for deposition or consultation
☐ Scheduling conflicts with counsel's existing trial or hearing calendar
☐ Illness or medical emergency of party, counsel, or key witness
☐ Retention of expert witness and need for adequate time for expert analysis
☐ Ongoing settlement negotiations that may resolve part or all of the case
☐ Need for additional time to complete investigation or factual development
☐ Complexity of legal issues requiring additional research and briefing
☐ Change in counsel requiring reasonable transition period
☐ Third-party subpoena responses still outstanding
☐ Court-ordered mediation or ADR proceedings pending or recently concluded
☐ Mistake, inadvertence, or surprise (for post-deadline motions)
☐ Other just cause: [________________________________]

8. STATEMENT OF FACTS AND GOOD CAUSE

A. Factual Background

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

2. On [__/__/____], the Court entered [________________________________], establishing the deadline of [__/__/____] for [________________________________].

3. Since the deadline was established, the following has occurred:
   [________________________________]
   (Provide detailed factual narrative explaining the circumstances necessitating the extension. Include dates, actions taken, and the specific events giving rise to the need for additional time.)

4. [________________________________]
   (Continue with additional facts as needed.)

B. Good Cause Demonstration (Pre-Deadline Motion)

Under Ark. R. Civ. P. 6(b)(1), the Court may enlarge the time for performing an act when the request is made before the original deadline expires and cause is shown. Movant demonstrates cause as follows:

[________________________________]
(Explain the specific circumstances that constitute good cause. Arkansas courts look to the reasonableness of the request, the complexity of the case, and whether the extension promotes the just determination of the action under Ark. R. Civ. P. 1.)

C. Excusable Neglect or Other Just Cause (Post-Deadline Motion — if applicable)

☐ This section applies because the deadline has already passed.

Under Ark. R. Civ. P. 6(b)(2), after the expiration of a deadline, the Court may permit the act to be done where the failure to act was the result of "mistake, inadvertence, surprise, excusable neglect, or other just cause." Arkansas courts evaluate the totality of the circumstances, including:

• The nature and reason for the failure to act timely
• Whether the movant acted in good faith
• Whether prejudice to the non-movant would result
• Whether the movant has a meritorious claim or defense
• The length of the delay

The failure to act was the result of [☐ mistake / ☐ inadvertence / ☐ surprise / ☐ excusable neglect / ☐ other just cause] because:

[________________________________]

9. DILIGENCE OF MOVANT

Movant has exercised reasonable diligence in attempting to comply with the current deadline, as demonstrated by the following actions:

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

Despite these diligent efforts, Movant is unable to meet the current deadline due to [________________________________].

10. ABSENCE OF PREJUDICE TO OPPOSING PARTY

The requested extension will not cause undue prejudice to [________________________________] (opposing party) because:

1. The extension requested is [____] days, which is a modest period relative to the overall duration of this litigation.
2. The trial date of [__/__/____] [☐ will not be affected / ☐ has not yet been set / ☐ may require adjustment, which Movant will address separately].
3. All other scheduling order deadlines [☐ remain unaffected / ☐ will require corresponding adjustments as set forth in the proposed order].
4. The opposing party will not suffer loss of evidence, witnesses, or strategic advantage.
5. Granting the extension promotes the just determination of this action consistent with Ark. R. Civ. P. 1.
6. [________________________________]

11. PRIOR EXTENSIONS

☐ No prior extensions have been requested or granted in this matter.

☐ The following prior extensions have been requested and/or granted:

The current request is distinguishable from prior extensions because [________________________________].

12. POSITION OF OPPOSING PARTY

Undersigned counsel [☐ has / ☐ has not] conferred with counsel for the opposing party regarding this Motion.

☐ Opposing counsel consents to the requested extension.
☐ Opposing counsel does not oppose the requested extension.
☐ Opposing counsel objects to the requested extension. The basis for the objection is: [________________________________].
☐ Opposing counsel has not responded despite reasonable efforts to confer on [__/__/____] via [☐ telephone / ☐ email / ☐ letter].
☐ The opposing party is self-represented, and Movant contacted them on [__/__/____] via [________________________________].

13. CERTIFICATE OF CONFERRAL

I, [________________________________], counsel for the Movant, hereby certify that on [__/__/____], I [☐ personally conferred / ☐ made a good faith effort to confer] with [________________________________], counsel for [________________________________], regarding the relief sought in this Motion.

The conferral occurred via [☐ telephone / ☐ email / ☐ in-person meeting / ☐ written correspondence].

The result of the conferral was: [☐ Agreement / ☐ No opposition / ☐ Objection / ☐ No response after good faith effort].

________________________________
[Attorney Name]

14. PROPOSED NEW DEADLINE AND SCHEDULING IMPACT

Movant respectfully requests that the Court extend the deadline as follows:

Impact on Other Deadlines:

☐ No other deadlines are affected by this extension.
☐ The following related deadlines should be correspondingly adjusted:

15. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this Court:

1. Grant this Motion for Extension of Time;
2. Extend the deadline for [________________________________] from [__/__/____] to [__/__/____];
3. Adjust any dependent deadlines as set forth in the proposed order;
4. Grant such other and further relief as the Court deems just and proper.

16. ATTORNEY SIGNATURE BLOCK

Respectfully submitted this ___ day of ______________, 20___.

[________________________________]
[Law Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City], Arkansas [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________
[Attorney Name]
Arkansas Bar No. [________________________________]
Attorney for [Plaintiff/Defendant]
[________________________________]

17. PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS
[________________________________] JUDICIAL CIRCUIT

Case No. [________________]

[________________________________],
Plaintiff(s),

vs.

[________________________________],
Defendant(s).

ORDER ON MOTION FOR EXTENSION OF TIME

On this ___ day of ______________, 20___, comes before the Court
the Motion for Extension of Time filed by [________________________________]
("Movant").

The Court, having considered the Motion, any response thereto, and
the record in this case, and for good cause shown, hereby finds:

1. Good cause exists under Ark. R. Civ. P. 6(b) for the requested
   extension.

2. The extension is consistent with the just, speedy, and
   inexpensive determination of this action under Ark. R. Civ. P. 1.

IT IS THEREFORE ORDERED:

1. The Motion for Extension of Time is GRANTED.

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

3. [The following related deadlines are adjusted:
   a. [________________________________]: extended to [__/__/____]
   b. [________________________________]: extended to [__/__/____]]

4. All other deadlines and orders previously entered remain in
   full force and effect unless further modified by the Court.

5. [Additional conditions, if any:
   ________________________________]

IT IS SO ORDERED this ___ day of ______________, 20___.

________________________________
Hon. [________________________________]
Circuit Judge

18. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing Motion for Extension of Time and Proposed Order upon all counsel of record and/or parties by filing the same through the Arkansas Judiciary eFlex electronic filing system, which automatically provides electronic notice to all registered users pursuant to Ark. R. Civ. P. 5(b)(2) and Administrative Order No. 21.

Service was additionally made by the following method(s) upon the following parties:

________________________________
[Attorney Name]
Arkansas Bar No. [________________________________]

19. PRACTICE NOTES FOR ARKANSAS PRACTITIONERS

A. Key Provisions of Ark. R. Civ. P. 6(b)

• Pre-Deadline Motions: The Court may enlarge the time with or without motion or notice when the request is made before the expiration of the original period. A showing of "cause" is required.
• Post-Deadline Motions: After expiration, the movant must show the failure to act resulted from "mistake, inadvertence, surprise, excusable neglect, or other just cause." The "other just cause" language is broader than the federal rule and provides additional flexibility.
• Good Cause for Enlargement or Reduction: Under the amended Ark. R. Civ. P. 6(c)(1), both enlargements and reductions of time periods must be justified by a showing of good cause.
• Non-Extendable Deadlines: The Court may not extend time for actions under Ark. R. Civ. P. 50(b), 52(b), 59(b), (d), and (e), and 60(b), except as specifically provided therein.

B. Computation of Time Under Ark. R. Civ. P. 6(a)

• When the period of time is less than 11 days, intermediate Saturdays, Sundays, and legal holidays are excluded from computation.
• When the period is 11 days or more, all calendar days count.
• The day of the triggering event is not counted; the last day of the period is counted unless it falls on a Saturday, Sunday, or legal holiday.
• If the last day falls on a non-business day, the period extends to the next business day.

C. Additional Time After Service by Mail or Electronic Means

• Under Ark. R. Civ. P. 6(e), when service is made by mail, commercial delivery company, or electronic transmission (including e-mail or service through the court's electronic filing system pursuant to Rule 5(b)(2)), three (3) business days are added to the prescribed period.

D. Arkansas Judicial Circuits

Arkansas has 28 judicial circuits covering all 75 counties. Practitioners should verify local rules for their specific circuit, as individual circuits may have supplemental requirements regarding motions, conferral obligations, and proposed orders.

E. Electronic Filing (eFlex)

• Arkansas uses the eFlex electronic filing system for circuit courts.
• Electronic filing is mandatory in all counties where eFlex has been implemented pursuant to Administrative Order No. 21.
• Filing through eFlex constitutes service on all registered users under Ark. R. Civ. P. 5(b)(2).
• Self-represented parties who are not registered for eFlex must be served by conventional means.

F. Motion Format and Timing Under Ark. R. Civ. P. 6(c) and (d)

• Written motions (other than those heard during trial) and notice of hearing must be served at least five (5) days before the hearing date.
• Supporting affidavits must be served with the motion.
• Opposing affidavits may be served no later than one (1) day before the hearing.

Sources and References

• Arkansas Rules of Civil Procedure — Arkansas Judiciary
• Arkansas eFlex Electronic Filing — Arkansas Judiciary
• eFlex Filing Resources — eFlex
• Holland v. Lefler, 82 Ark. App. 379, 120 S.W.3d 610 (2003) — FindLaw
• Administrative Order No. 21 (Electronic Filing) — Arkansas Legislature
• Arkansas Statutes and Court Rules — Arkansas Courthouse Kiosk