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 [________________________________]

Case No.: [________________________________]
Assigned to the Honorable [________________________________]

MOTION FOR EXTENSION OF TIME

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), as currently in effect, provides in relevant part:

"(1) Generally. When an act may or must be done within a specified time, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or the request is made, before the original time or its extension expires; or (B) on motion made after the time has expired if the party failed to act because of excusable neglect. (2) Exceptions. A court may extend the time to act under Rules 50(b), 52(b), 59(b)(1), (c) and (d), and 60(c) as those rules allow, or alternatively, may also extend the time to act under those rules for 10 days after the entry of the order extending the time, if [the additional conditions in Rule 6(b)(2)(A)-(C) are met]."

If the request is made before the applicable deadline expires, the court may grant an extension "for good cause" without requiring a showing of excusable neglect. Ariz. R. Civ. P. 6(b)(1)(A). If the deadline has already passed, the movant must instead show that the failure to act was the result of excusable neglect. Ariz. R. Civ. P. 6(b)(1)(B); see Sholem v. Gass, 248 Ariz. 281, ¶¶ 1–2, 8–9 (2020) (discussing the excusable-neglect standard under Rule 6(b)(1)(B) and holding that a more specific time-extension rule controls over Rule 6(b) where the two conflict).

D. Legal Standard — Rule 16(c)(5) (If Scheduling Order Involved)

Where the deadline arises from a Rule 16 Scheduling Order, Rule 16(c)(5) provides: "The parties may modify the dates established in a Scheduling Order that govern court filings or hearings only by court order for good cause. Once a trial date is set, the parties may modify that date only under Rule 38.1." Ariz. R. Civ. P. 16(c)(5).

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)(A)):

Movant demonstrates cause for the requested extension as follows:

[________________________________]

[________________________________]

[________________________________]

If the deadline has already expired (Rule 6(b)(1)(B)):

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)(2), 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 eFileAZ or AZTurboCourt (Arizona's authorized Superior Court electronic filing service providers), 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 [________________________________]

Case No.: [________________________________]

ORDER GRANTING MOTION FOR EXTENSION OF TIME

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)(3):

• 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 certain service methods: If the motion is served by mail, or by another method under Rule 5(c)(2)(D) or (E), Rule 6(c) adds 5 calendar days to the period that would otherwise expire under Rule 6(a).

12. LOCAL RULE COMPLIANCE CHECKLIST

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

Maricopa County

☐ Electronic filing via eFileAZ or AZTurboCourt, as applicable
☐ 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: "good cause" (court has broad discretion) — Rule 6(b)(1)(A)
• Post-deadline motions: "excusable neglect" (higher burden) — Rule 6(b)(1)(B)
• Deadlines subject to special extension conditions: Rules 50(b), 52(b), 59(b)(1), (c) and (d), and 60(c) may be extended only as those rules allow, or under the limited additional-notice procedure set out in Rule 6(b)(2)

Rule 16(c)(5) Scheduling Order Modifications:

• If the deadline arises from a Rule 16 scheduling order, the dates in that order "may be modified... only by court order for good cause" under Rule 16(c)(5). Once a trial date is set, it may be changed only under Rule 38.1.

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 (Computing and Extending Time) — Arizona Courts
• Arizona Rules of Civil Procedure, Rule 7.1 (Motions) — Arizona Courts
• Arizona Rules of Civil Procedure, Rule 16(c)(5) (Modification of Dates Established by Scheduling Order) — Arizona Courts
• Arizona Rules of Civil Procedure, Rule 5(c) (Service After Appearance; How Made) — Arizona Courts
• Sholem v. Gass, 248 Ariz. 281, 460 P.3d 273 (2020) — excusable-neglect standard under Rule 6(b)(1)(B) and its interplay with more specific extension-of-time rules
• Maricopa County Superior Court — Local Rules and Practice Guidelines
• Arizona Court Help — Response Timelines
• Arizona Judicial Branch — eFiling Information (eFileAZ / AZTurboCourt)