Arizona State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

STATE OF ARIZONA — SUPERIOR COURT

1. CAPTION

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [________________________________]

[________________________________],        )
                                           )    No. [________________________________]
     Plaintiff,                            )
                                           )    (Assigned to the Honorable
v.                                         )     [________________________________])
                                           )
[________________________________],        )    MOTION FOR EXTENSION OF TIME
                                           )
     Defendant.                            )

2. GOOD FAITH CONSULTATION CERTIFICATE (RULE 7.1(h))

Pursuant to Arizona Rule of Civil Procedure 7.1(h), undersigned counsel hereby certifies and states as follows regarding good faith consultation efforts:

☐ Consent Obtained. Counsel conferred with counsel for [________________________________] on [__/__/____] by ☐ telephone / ☐ in person (as required by Rule 7.1(h)), and opposing counsel consents to the relief requested. This motion should therefore be treated as a Consent Motion.

☐ No Opposition. Counsel conferred with counsel for [________________________________] on [__/__/____] by ☐ telephone / ☐ in person, and opposing counsel does not oppose the relief requested.

☐ Opposition. Counsel conferred with counsel for [________________________________] on [__/__/____] by ☐ telephone / ☐ in person, and opposing counsel opposes the relief requested for the following stated reasons: [________________________________]

☐ Unable to Confer. Despite good faith efforts, counsel was unable to confer with opposing counsel. Counsel attempted the following contacts:

IMPORTANT NOTE: Under Rule 7.1(h), the required consultation must be in person or by telephone, and not merely by letter or email. Failure to satisfy this requirement may result in denial of the motion or a requirement to refile.

3. MOTION

[________________________________] ("Movant"), through undersigned counsel, respectfully requests that this Court extend the deadline for [________________________________] from the current deadline of [__/__/____] to and including [__/__/____], a period of [____] additional days, pursuant to Arizona Rule of Civil Procedure 6(b).

4. MEMORANDUM OF POINTS AND AUTHORITIES

A. Procedural Background

1. This action was commenced on or about [__/__/____].

2. On [__/__/____], the Court entered its [________________________________] (the "Order"), which established a deadline of [__/__/____] for Movant to [________________________________].

3. As of the date of this Motion, the current deadline ☐ has not yet expired / ☐ expired on [__/__/____].

4. Movant has ☐ not previously sought / ☐ previously sought [____] extension(s) of this particular deadline.

5. The trial date is currently set for [__/__/____].

B. Identification of Deadline

C. Legal Standard — Rule 6(b)

Arizona Rule of Civil Procedure 6(b) provides:

"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; but it may not extend the time for taking any action under Rules 50(d)(2), 52(b), 59(b), 59(d), 59(g), and 60(c)."

Arizona courts have broad discretion in ruling on motions for enlargement of time. See Daou v. Harris, 139 Ariz. 353, 358 (1984); Gorman v. City of Phoenix, 152 Ariz. 179 (1987).

D. Legal Standard — Rule 16(d) (If Scheduling Order Involved)

Where the deadline arises from a Rule 16 Scheduling Order, Rule 16(d) provides that the schedule "may be modified only by leave of the court and upon a showing of good cause." The Arizona Court of Appeals has held that the good cause inquiry under Rule 16(d) focuses primarily on the diligence of the movant. See Airfreight Express Ltd. v. Evergreen Air Center, Inc., 215 Ariz. 103 (App. 2007).

E. Grounds for Extension

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

☐ Complexity of the issues involved requiring additional preparation time

☐ Volume of documents or discovery materials to be reviewed (approximately [____] pages/items)

☐ Unavailability of key witness(es): [________________________________]

☐ Scheduling conflict of counsel: [________________________________]

☐ Ongoing settlement negotiations between the parties

☐ Recent retention of new counsel requiring time to become familiar with the case

☐ Illness or medical emergency affecting ☐ counsel / ☐ party / ☐ witness

☐ Need for additional expert analysis or consultation

☐ Awaiting receipt of records or information from third parties: [________________________________]

☐ Recent supplemental discovery or disclosure requiring additional review

☐ Other: [________________________________]

F. Statement of Good Cause / Excusable Neglect

If the deadline has not yet expired (Rule 6(b)(1)):

Movant demonstrates cause for the requested extension as follows:

[________________________________]

[________________________________]

[________________________________]

If the deadline has already expired (Rule 6(b)(2)):

Movant demonstrates that the failure to act was the result of excusable neglect by establishing the following:

1. Reason for the failure to act timely: [________________________________]

2. Whether the neglect was within movant's control: [________________________________]

3. Good faith of the movant: [________________________________]

4. Existence of a meritorious claim or defense: [________________________________]

G. Diligence of Movant

Movant has exercised diligence in attempting to meet the original deadline by taking the following steps:

1. [________________________________]

2. [________________________________]

3. [________________________________]

Despite these efforts, additional time is necessary because: [________________________________]

H. Absence of Prejudice

Granting this extension will not prejudice the opposing party because:

1. The trial date of [__/__/____] ☐ will not be affected / ☐ will be addressed separately.

2. No depositions or other scheduled events will be disrupted.

3. The opposing party will retain adequate time to prepare and respond.

4. [________________________________]

5. PRIOR EXTENSIONS HISTORY

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

6. IMPACT ON CASE SCHEDULE

1. Trial Date: [__/__/____] — ☐ Unaffected / ☐ May require modification

2. Discovery Cutoff: [__/__/____] — ☐ Unaffected / ☐ May require modification

3. Disclosure Deadline (Rule 26.1): [__/__/____] — ☐ Unaffected / ☐ May require modification

4. Dispositive Motion Deadline: [__/__/____] — ☐ Unaffected / ☐ May require modification

5. Pretrial Conference / Joint Pretrial Statement: [__/__/____] — ☐ Unaffected / ☐ May require modification

6. Other Deadlines Affected: [________________________________]

7. REQUEST FOR RELIEF

WHEREFORE, Movant respectfully requests that this Court:

1. Grant this Motion for Extension of Time;

2. Extend the deadline for [________________________________] from [__/__/____] to and including [__/__/____];

3. Modify any related interim deadlines as necessary to accommodate the extension; and

4. Grant such other and further relief as this Court deems just.

8. SIGNATURE BLOCK

RESPECTFULLY SUBMITTED this ______ day of __________________, 20____.

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

By: ________________________________________
    [________________________________]
    State Bar of Arizona No. [________________________________]
    Attorney for [________________________________]

Page Limit Note: Under Rule 7.1(a)(3), a motion and supporting memorandum may not exceed 17 pages exclusive of attachments and any required statement of facts, unless the court orders otherwise.

9. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Motion for Extension of Time and Proposed Order to be served upon the following by the method(s) indicated pursuant to Ariz. R. Civ. P. 5(c):

☐ Via AZTurboCourt or the Court's accepted electronic filing system, which will send electronic notification to all registered counsel of record.

☐ Via U.S. Mail, first class, postage prepaid.

☐ Via hand delivery.

☐ Via facsimile.

☐ Via email (with written consent per Rule 5(c)(2)(D)).

________________________________________
[________________________________]
State Bar of Arizona No. [________________________________]

10. PROPOSED ORDER

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [________________________________]

[________________________________],        )
                                           )    No. [________________________________]
     Plaintiff,                            )
                                           )    ORDER GRANTING MOTION
v.                                         )    FOR EXTENSION OF TIME
                                           )
[________________________________],        )
                                           )
     Defendant.                            )

     THE COURT has considered [________________________________]'s Motion for
Extension of Time filed on [__/__/____], any response thereto, and the record
in this matter. Good cause appearing pursuant to Arizona Rule of Civil
Procedure 6(b), the Court hereby ORDERS:

     1. The Motion for Extension of Time is GRANTED.

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

     3. All other deadlines in the Scheduling Order remain in full force
        and effect unless subsequently modified by the Court.

     4. [Additional provisions, if any: ________________________________]

DATED this ______ day of __________________, 20____.

________________________________________
Honorable [________________________________]
Judge of the Superior Court

11. RESPONSE TIMELINE INFORMATION

Under Arizona Rule of Civil Procedure 7.1(a)(4):

• Response deadline: An opposing party must file any responsive memorandum within 10 days after the motion and supporting memorandum are served.
• Reply deadline: The moving party may file a reply memorandum within 5 days after the responsive memorandum is served.
• Response page limit: 17 pages (exclusive of attachments and statement of facts)
• Reply page limit: 11 pages (exclusive of attachments)
• Additional time for mail service: If the motion is served by mail, Rule 6(e) allows an additional 5 calendar days.

12. LOCAL RULE COMPLIANCE CHECKLIST

Arizona practice varies by county. Before filing, verify compliance with applicable local rules:

Maricopa County

☐ Electronic filing via AZTurboCourt or eFiling system
☐ Comply with Maricopa County Superior Court local rules and practice guidelines
☐ Proposed order submitted electronically in Word format if required

Pima County

☐ Electronic filing per local requirements
☐ Comply with Pima County local rules regarding motions practice
☐ Check division-specific requirements

Other Counties

☐ Verified county-specific local rules (e.g., Coconino, Mohave, Yavapai, Pinal)
☐ Confirmed electronic filing availability and requirements
☐ Checked any county-specific motion practice guidelines

General Checklist (All Counties)

☐ Rule 7.1(h) good faith consultation certificate included (telephone or in-person required)
☐ Motion does not exceed 17 pages (exclusive of attachments)
☐ Proposed order attached or submitted separately per local practice
☐ Certificate of service included
☐ Verified whether oral argument is scheduled or available

13. PRACTICE NOTES FOR ARIZONA PRACTITIONERS

Rule 7.1(h) Consultation Requirement:

• Arizona requires that good faith consultation be conducted in person or by telephone — letter and email alone are insufficient. This is a unique and strict requirement compared to many other jurisdictions.
• If consent is obtained, label the motion as a "Consent Motion" in the caption.

Rule 6(b) Key Distinctions:

• Pre-deadline motions: "cause shown" (court has broad discretion)
• Post-deadline motions: "excusable neglect" (higher burden)
• Non-extendable deadlines: Rules 50(d)(2), 52(b), 59(b), 59(d), 59(g), and 60(c)

Rule 16(d) Scheduling Order Modifications:

• If the deadline arises from a Rule 16 scheduling order, the "good cause" standard of Rule 16(d) also applies. Courts focus on whether the movant was diligent in attempting to meet the deadline.

Arizona Disclosure Rules:

• Arizona uses a mandatory disclosure system under Rule 26.1, which is distinct from federal practice. Be mindful of disclosure deadlines when seeking extensions, as they are integral to the Arizona case management framework.

Consent Motions:

• When the opposing party consents, indicate "Consent Motion" in the title (e.g., "Consent Motion for Extension of Time"). Consent motions are typically granted without a hearing.

Sources and References

• Arizona Rules of Civil Procedure, Rule 6(b) — Arizona Courts
• Arizona Rules of Civil Procedure, Rule 7.1 — Trellis Law
• Arizona Rules of Civil Procedure, Rule 16(d) — Scheduling Order Modifications
• Daou v. Harris, 139 Ariz. 353 (1984) — judicial discretion on time enlargement
• Gorman v. City of Phoenix, 152 Ariz. 179 (1987) — discretionary standards
• Airfreight Express Ltd. v. Evergreen Air Center, Inc., 215 Ariz. 103 (App. 2007) — Rule 16 good cause
• Maricopa County Superior Court — Local Rules and Practice Guidelines
• Arizona Court Help — Response Timelines