District of Columbia Superior Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA — CIVIL DIVISION

1. CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

[________________________________],        )
                                           )
     Plaintiff,                            )    Civil Action No. [________________________________]
                                           )
v.                                         )    Calendar [____]
                                           )
[________________________________],        )    Judge [________________________________]
                                           )
     Defendant.                            )

                    MOTION FOR EXTENSION OF TIME

2. RULE 12-I CERTIFICATION

Pursuant to Super. Ct. Civ. R. 12-I(a), undersigned counsel hereby certifies the following regarding efforts to obtain consent:

Option A: Consent Motion

☐ Before filing this motion, counsel made a good faith effort to discuss this motion with counsel for [________________________________] as required by Rule 12-I(a)(1). All affected parties consent to the relief requested. This motion is therefore filed as a Consent Motion for Extension of Time.

If this box is checked, indicate "Consent Motion" in the caption above.

Option B: No Consent Obtained — Contested Motion

☐ Counsel made a good faith effort to discuss this motion with counsel for all opposing parties as required by Rule 12-I(a)(1) but was unable to obtain consent. The specific facts describing the good faith effort are as follows:

The opposing party's stated position is: ☐ Opposes the extension / ☐ Takes no position / ☐ Did not respond despite good faith efforts

If opposed, the stated reasons are: [________________________________]

Option C: Pro Se Opposing Party

☐ The opposing party is proceeding without counsel. Movant contacted the opposing party on [__/__/____] by [________________________________] and the opposing party's position is: [________________________________]

IMPORTANT: Under Rule 12-I(a)(3)(A)(ii), the certification must set out specific facts describing the good faith effort, including a statement of the date, time, and method of each communication made to another party and whether any response has been received. A conclusory statement that efforts were made is insufficient.

3. MOTION

[________________________________] ("Movant"), by and through undersigned counsel, respectfully moves this Court pursuant to Superior Court Civil Rule 6(b) for an Order extending the time within which to [________________________________] from the current deadline of [__/__/____] to and including [__/__/____], a period of [____] additional days.

In support of this Motion, Movant states as follows:

4. PROCEDURAL BACKGROUND

1. This action was commenced on or about [__/__/____] and is assigned to Calendar [____], the Honorable Judge [________________________________] presiding.

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. If previously sought, the prior extension(s) were:

5. The Initial Scheduling and Case Management Order was entered on [__/__/____].

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

5. IDENTIFICATION OF DEADLINE AND OBLIGATION

6. 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 production requiring additional review

☐ Intervening holiday(s) or court closure(s)

☐ Coordination with related proceedings in [________________________________] Court

☐ Other: [________________________________]

7. MEMORANDUM OF POINTS AND AUTHORITIES

A. Legal Standard — Super. Ct. Civ. R. 6(b)

Superior Court Civil Rule 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."

D.C. Superior Court Civil Rule 6(b) is substantially identical to Federal Rule of Civil Procedure 6(b), and D.C. courts look to federal precedent interpreting the rule. See Nader v. Democratic Nat'l Comm., 590 F. Supp. 2d 164, 169 (D.D.C. 2008) (applying analogous federal standard); Robinson v. Wical, 2015 D.C. Super. LEXIS 15.

B. Standard for Pre-Deadline Motions (Rule 6(b)(1) — "Cause Shown")

When a motion for extension is made before the deadline expires, the court may enlarge the time period "for cause shown." This is a flexible, discretionary standard. Courts consider the totality of the circumstances, including:

• The reason additional time is needed
• Whether the movant has been diligent
• The length of the extension requested
• Whether granting the extension will disrupt the case schedule
• The position of the opposing party

C. Standard for Post-Deadline Motions (Rule 6(b)(2) — "Excusable Neglect")

When a motion is filed after the deadline has passed, the movant must demonstrate "excusable neglect." D.C. courts apply the four-factor test from Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993):

1. The danger of prejudice to the opposing party
2. The length of delay and its potential impact on judicial proceedings
3. The reason for the delay, including whether it was within the reasonable control of the movant
4. Whether the movant acted in good faith

D. Application of the Standard to This Motion

Good Cause / Excusable Neglect:

[________________________________]

[________________________________]

[________________________________]

Diligence:

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

1. [________________________________]

2. [________________________________]

3. [________________________________]

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

No 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. [________________________________]

8. IMPACT ON CASE SCHEDULE

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

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

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

4. Pretrial Conference: [__/__/____] — ☐ Unaffected / ☐ May require modification

5. Expert Disclosure Deadline: [__/__/____] — ☐ Unaffected / ☐ May require modification

6. Other Deadlines Affected: [________________________________]

9. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Honorable Court:

1. Grant this Motion for Extension of Time;

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

3. Maintain all other existing deadlines unless the Court determines modification is warranted; and

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

10. SIGNATURE BLOCK

Respectfully submitted,

[________________________________] (Firm Name)
[________________________________] (Street Address)
Washington, DC [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
    [________________________________]
    D.C. Bar No. [________________________________]
    Counsel for [________________________________]

Dated: [__/__/____]

11. 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 Super. Ct. Civ. R. 5(b):

☐ Via CaseFileXpress electronic filing and service system, which will send electronic notification to all counsel of record.

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

☐ Via hand delivery.

☐ Via facsimile.

☐ Via email (with consent).

________________________________________
[________________________________]
D.C. Bar No. [________________________________]

12. PROPOSED ORDER

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

[________________________________],        )
                                           )
     Plaintiff,                            )    Civil Action No. [________________________________]
                                           )
v.                                         )    Calendar [____]
                                           )
[________________________________],        )    Judge [________________________________]
                                           )
     Defendant.                            )

              ORDER GRANTING MOTION FOR EXTENSION OF TIME

     Upon consideration of [________________________________]'s Motion for
Extension of Time filed on [__/__/____], [any opposition thereto,] and the
entire record herein, it is by the Court this ______ day of __________________,
20____, hereby

     ORDERED that the Motion for Extension of Time is GRANTED; and it is
further

     ORDERED that the deadline for [________________________________] is
extended from [__/__/____] to and including [__/__/____]; and it is further

     ORDERED that all other dates and deadlines set forth in the Court's
Scheduling Order dated [__/__/____] remain in full force and effect unless
subsequently modified by the Court.

     SO ORDERED.

________________________________________
Judge [________________________________]
Superior Court of the District of Columbia

13. RULE 12-I COMPLIANCE GUIDE

When Consent Is Obtained (Rule 12-I(a)(3)(B))

If all affected parties consent, the motion title should read "Consent Motion for Extension of Time." A consent motion need only briefly state the relief sought and indicate that all affected parties consent. Consent motions are typically granted promptly and without a hearing.

When Consent Is Not Obtained (Rule 12-I(a)(3)(A))

The court will consider the motion as a contested matter. The certification must include:

1. A statement that the movant made a good faith effort to discuss the motion as required by Rule 12-I(a)(1)
2. A statement that consent could not be obtained
3. Specific facts describing the good faith effort, including:
   - The date of each communication
   - The time of each communication
   - The method of each communication (telephone, in person, email, letter)
   - Whether any response was received

Consequences of Non-Compliance

Failure to include the Rule 12-I certification may result in:

• The motion being stricken
• The motion being held in abeyance until compliance is achieved
• Denial of the motion

14. D.C. SUPERIOR COURT PROCEDURAL NOTES

Motion Response Timeline:

• Under Super. Ct. Civ. R. 12-I(a), nondispositive motions — including motions for extension of time — are subject to the court's standard briefing schedule.
• The opposing party generally has 14 days to file an opposition.
• The moving party may file a reply within 5 days after service of the opposition.

Electronic Filing:

• D.C. Superior Court uses CaseFileXpress for electronic filing and service. Attorneys admitted to practice before the court are generally required to file electronically.
• Proposed orders should be submitted in the format specified by the court (check current CaseFileXpress requirements).

Calendar System:

• D.C. Superior Court Civil Division assigns cases to specific calendars (e.g., Calendar 1, Calendar 2, etc.). Motions are decided by the judge assigned to the relevant calendar.
• Include the calendar designation in the caption of all filings.

Scheduling Orders:

• D.C. Superior Court typically enters an Initial Scheduling and Case Management Order under Rule 16. Extensions that affect scheduling order deadlines should address the impact on the overall case management framework.

15. LOCAL PRACTICE CHECKLIST

Before filing, verify compliance with D.C. Superior Court requirements:

☐ Rule 12-I certification is included with specific facts (date, time, method of each communication)

☐ If consent obtained, motion title reads "Consent Motion for Extension of Time"

☐ Motion complies with formatting requirements

☐ Proposed order attached or submitted via CaseFileXpress

☐ Certificate of service included with all service details

☐ Calendar designation included in caption

☐ Electronic filing completed via CaseFileXpress

☐ If the extension affects a scheduling order deadline, the impact on the case schedule is addressed

☐ Verified current court requirements for proposed orders (Word format vs. PDF)

☐ If pro se opposing party, confirmed service by appropriate method

16. PRACTICE NOTES FOR D.C. PRACTITIONERS

Rule 12-I Is Mandatory:

• The good faith conferral requirement is not optional. D.C. Superior Court judges routinely enforce Rule 12-I and may deny or strike motions that lack a proper certification.
• The certification must contain specific facts, not merely a conclusory statement that "efforts were made."

Consent Motions Are Preferred:

• The court strongly encourages counsel to resolve disputes regarding scheduling matters through consent. A "Consent Motion for Extension of Time" will typically be granted promptly.

Federal Precedent Is Persuasive:

• Because Super. Ct. Civ. R. 6(b) mirrors FRCP 6(b), D.C. Superior Court judges frequently look to federal case law interpreting the rule.

Multiple Extensions:

• Courts may scrutinize requests for multiple extensions of the same deadline more closely. Be prepared to explain what has changed since any prior extension was granted.

Trial Dates:

• D.C. Superior Court takes trial dates seriously. Motions for extension that would affect the trial date face additional scrutiny and should clearly address whether a continuance is also needed.

Sources and References

• D.C. Superior Court Rules of Civil Procedure — DC Courts
• Super. Ct. Civ. R. 6(b) — DC Courts Rule 6
• Super. Ct. Civ. R. 12-I — DC Courts Rule 12-I
• D.C. Superior Court Rules of Civil Procedure (2025 Edition) — DC Courts
• Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993) — excusable neglect test
• Nader v. Democratic Nat'l Comm., 590 F. Supp. 2d 164 (D.D.C. 2008) — analogous federal standard
• D.C. Bar, Promulgation Order 21-01 — Rule 12-I amendments