MOTION FOR EXTENSION OF TIME

State of Delaware — Superior Court / Court of Chancery

1. CAPTION

Select the applicable court format:

Superior Court Format:
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [________________________________] COUNTY

[________________________________],
Plaintiff,

v. C.A. No. [________________________________]

[________________________________],
Defendant.
Court of Chancery Format:
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

[________________________________],
Plaintiff,

v. C.A. No. [________________________________]

[________________________________],
Defendant.
Note: Delaware has three counties (New Castle, Kent, and Sussex). The Superior Court caption identifies the county; the Court of Chancery does not, as it sits statewide.

2. HEADING

MOTION FOR EXTENSION OF TIME PURSUANT TO [SUPERIOR COURT / COURT OF CHANCERY] CIVIL RULE 6(b)

3. INTRODUCTION

[________________________________] ("Movant"), by and through undersigned counsel, respectfully moves this Court pursuant to [Superior Court Civil Rule 6(b) / Court of Chancery Rule 6(b)] for an Order enlarging the time within which Movant must [________________________________] (the "Subject Deadline"). The current deadline is [__/__/____]. Movant respectfully requests that the Court extend this deadline to [__/__/____], a period of [____] additional days. In support of this Motion, Movant states as follows:

4. CASE INFORMATION

5. IDENTIFICATION OF DEADLINE SOUGHT TO BE EXTENDED

1. The deadline at issue was established by [________________________________] (identify source: Case Scheduling Order, Court Order, Stipulation, or Rule of Civil Procedure) dated [__/__/____].

2. The specific obligation subject to this deadline is: [________________________________].

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

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

5. The total additional time requested is [____] days.

6. This Motion is being filed:
   ☐ Before the expiration of the current deadline (standard: "cause shown")
   ☐ After the expiration of the current deadline (standard: "excusable neglect")

7. This is the [____] request for extension of this particular deadline.

6. GROUNDS FOR EXTENSION

Movant seeks this extension for the following reason(s):

☐ Complexity of Issues — This matter involves complex legal or factual issues requiring additional time for adequate preparation, including [________________________________].

☐ Need for Additional Discovery — Movant requires additional time to complete outstanding discovery, including [________________________________] (identify depositions, document requests, interrogatories, or subpoenas).

☐ Voluminous Discovery — Movant has received a substantial volume of documents or data ([____] pages/files) requiring additional review and analysis time.

☐ Third-Party Discovery Pending — Responses to third-party subpoenas issued to [________________________________] remain outstanding and are necessary to [________________________________].

☐ Expert Retention or Analysis — Additional time is required to retain an expert, complete expert analysis, or prepare expert reports in the field of [________________________________].

☐ Scheduling Conflict — Undersigned counsel has a conflict on or near the current deadline, specifically [________________________________] (identify: trial in another matter, CLE, pre-existing commitment, etc.).

☐ Settlement Negotiations — The parties are engaged in active settlement discussions and require additional time to explore resolution before incurring the expense of [________________________________].

☐ Newly Retained Counsel — Movant has recently retained new counsel effective [__/__/____], who requires reasonable time to become familiar with the case.

☐ Illness, Injury, or Emergency — [________________________________] (identify affected person) has experienced [________________________________] (describe condition), preventing timely completion of the required act.

☐ Unavailability of Key Witness — A key witness, [________________________________], is unavailable until [__/__/____] due to [________________________________].

☐ Coordination with Co-Parties — Movant must coordinate with co-[plaintiff/defendant(s)] regarding [________________________________].

☐ Complex Business Litigation — This matter involves complex corporate governance, fiduciary duty, or commercial issues unique to Delaware jurisprudence requiring [________________________________].

☐ Other Good Cause — [________________________________].

7. FACTUAL BACKGROUND

1. This action was commenced on [__/__/____] by the filing of a [________________________________].

2. On [__/__/____], the Court entered a [________________________________] (identify order) establishing the deadline at issue.

3. Since entry of that order, Movant has diligently [________________________________] (describe actions taken).

4. Despite such diligence, additional time is necessary because: [________________________________].

5. [Additional relevant facts: ________________________________].

8. LEGAL STANDARD

A. Rule 6(b) — Enlargement of Time

Delaware Superior Court Civil Rule 6(b) (and the substantially identical Court of Chancery 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."

B. Two Standards Under Rule 6(b)

The rule establishes two distinct standards depending on when the motion is filed:

1. Pre-Expiration (Cause Shown): When the request is made before the deadline expires, the Court may enlarge the time "for cause shown," exercising its discretion. This is a relatively flexible standard. The Court may act "with or without motion or notice," reflecting the practical reality that pre-expiration requests are less likely to prejudice the opposing party.

2. Post-Expiration (Excusable Neglect): 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." Delaware courts apply the framework set forth by the U.S. Supreme Court in Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993), evaluating the totality of the circumstances including the danger of prejudice, the length of delay, the reason for the delay, and whether the movant acted in good faith. See Discover Bank v. Vaden, 2004 WL 1375059 (Del. Super. Ct. June 17, 2004).

C. Limitations on Rule 6(b)

Rule 6(b) expressly provides that it "may not be used to extend the time for taking any action under Rules 50(b), 52(b), 59(b), (d) and (e), and 60(b), except to the extent and under the conditions stated in them." These carve-outs prevent enlargement of deadlines for renewed motions for judgment as a matter of law, amendments to findings, new trial motions, and motions for relief from judgment.

D. Factors Considered by Delaware Courts

Delaware courts evaluate the following factors when ruling on a motion for extension of time:

1. Whether the movant has demonstrated cause (pre-expiration) or excusable neglect (post-expiration)
2. The diligence of the moving party in pursuing the litigation
3. The prejudice, if any, to the opposing party
4. The length of the requested extension
5. Whether the extension will disrupt the Case Scheduling Order or trial date
6. The number and duration of prior extensions
7. The complexity of the litigation
8. The interests of justice and efficient case management

9. ARGUMENT

A. Cause / Excusable Neglect Exists

[________________________________] (Detail specific circumstances justifying the extension.)

B. Movant Has Acted with Reasonable Diligence

Movant has diligently pursued compliance with the Court's Case Scheduling Order. Specifically, Movant has [________________________________] (describe concrete steps taken). Despite these good-faith efforts, the circumstances described above require additional time to [________________________________].

C. No Prejudice to the Opposing Party

Granting this extension will not prejudice [________________________________] (non-moving party) because:

1. The current trial date of [__/__/____] will not be affected.
2. No other deadlines in the Case Scheduling Order require modification.
3. [________________________________] (additional reasons).

D. The Requested Extension Is Reasonable

The [____]-day extension is modest and proportionate to the circumstances. It will permit Movant sufficient time to [________________________________] without unduly delaying this litigation.

10. OPPOSING PARTY'S POSITION

Counsel for Movant certifies the following regarding conferral with opposing counsel:

☐ Opposing counsel has been contacted and consents to this Motion.

☐ Opposing counsel has been contacted and does not oppose this Motion.

☐ Opposing counsel has been contacted and opposes this Motion. The stated basis for opposition is: [________________________________].

☐ Opposing counsel could not be reached despite reasonable efforts on [__/__/____] by [________________________________].

Name of opposing counsel contacted: [________________________________]
Date of conferral: [__/__/____]
Method of conferral: [________________________________]

11. PRIOR EXTENSIONS

☐ No prior extensions of this deadline have been requested or granted.

☐ The following prior extension(s) have been requested and/or granted:

12. PREJUDICE ANALYSIS

Movant represents to the Court that granting the requested extension:

☐ Will not affect the current trial date of [__/__/____].

☐ Will not require modification of any other Case Scheduling Order deadlines.

☐ Will require the following limited modifications to the Case Scheduling Order: [________________________________].

☐ Will not prejudice any party's ability to prepare for trial.

☐ Will not result in the loss or spoliation of evidence.

☐ Other: [________________________________].

13. CERTIFICATE OF CONFERRAL

I, [________________________________], counsel for Movant, certify that on [__/__/____], I conferred (or made reasonable, good-faith efforts to confer) with all counsel of record regarding this Motion:

14. REQUESTED RELIEF

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

(a) Enlarging the time for [________________________________] from [__/__/____] to [__/__/____];

(b) Granting such other and further relief as the Court deems just and proper.

15. SIGNATURE BLOCK

Dated: [__/__/____]

[________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Delaware [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________
[________________________________] (Bar I.D. No. [________________________________])
Counsel for [________________________________]

16. PROPOSED ORDER

IN THE [SUPERIOR COURT / COURT OF CHANCERY] OF THE STATE OF DELAWARE
[IN AND FOR [________________________________] COUNTY]

[________________________________],
Plaintiff,

v. C.A. No. [________________________________]

[________________________________],
Defendant.

ORDER

Upon consideration of Movant's Motion for Extension of Time filed
pursuant to [Superior Court / Court of Chancery] Civil Rule 6(b), and
for good cause shown, IT IS HEREBY ORDERED as follows:

☐ The Motion is GRANTED. The deadline for [________________________________]
is enlarged from [__/__/____] to [__/__/____]. All other provisions
of the Case Scheduling Order remain in full force and effect.

☐ The Motion is GRANTED IN PART. The deadline for [________________________________]
is enlarged from [__/__/____] to [__/__/____].

☐ The Motion is DENIED.

☐ Other: [________________________________].

IT IS SO ORDERED this [____] day of [________________________________], [____].

________________________________
[________________________________]
[Judge / Vice Chancellor / Chancellor]

17. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Extension of Time and Proposed Order was served upon all counsel of record as follows:

Via File & ServeXpress (Del. Super. Ct. Civ. R. 5(b)):

Via [____] (U.S. Mail / Hand Delivery / Overnight Courier):

Service was effectuated in accordance with [Superior Court / Court of Chancery] Civil Rule 5(b).

________________________________
[________________________________]
Bar I.D. No. [________________________________]

18. PRACTICE NOTES FOR DELAWARE PRACTITIONERS

A. Delaware Court Structure

Delaware has a unique court system that practitioners must understand:

• Superior Court: Court of general civil jurisdiction; hears cases at law with amounts in controversy exceeding $75,000 (exclusive jurisdiction). Governed by Superior Court Civil Rules.
• Court of Chancery: One of the nation's preeminent equity courts; hears corporate governance, fiduciary duty, injunctive relief, and other equity matters. Governed by Court of Chancery Rules.
• Court of Common Pleas: Handles civil cases with amounts in controversy up to $75,000. Has its own set of Civil Rules (which also contain a Rule 6(b)).
• Justice of the Peace Court: Small claims and minor civil matters up to $25,000.

B. Three-County State

Delaware has only three counties — New Castle, Kent, and Sussex. Superior Court filings identify the county in the caption. Court of Chancery filings do not include the county.

C. Case Scheduling Orders

Delaware Superior Court routinely issues Case Scheduling Orders shortly after an action is at issue. These orders establish deadlines for discovery, expert reports, dispositive motions, and trial. Extensions of Case Scheduling Order deadlines require court approval and typically require a showing that the extension will not disrupt the trial date.

D. Electronic Filing

• Superior Court: Uses File & ServeXpress for electronic filing and service. All registered counsel receive service through the system.
• Court of Chancery: Also uses File & ServeXpress. The Court of Chancery has specific formatting requirements for filings.

E. Stipulated Extensions

Delaware courts generally prefer that parties resolve scheduling issues by stipulation where possible. If both parties agree, a stipulation and proposed order may be submitted directly to the assigned judge without a formal motion. The stipulation should:
- Identify the deadline to be extended
- State the proposed new deadline
- Confirm that no other deadlines are affected
- Be signed by all counsel

F. Complex Litigation Division

The Delaware Superior Court has a Complex Commercial Litigation Division (CCLD) in New Castle County that handles business disputes. The CCLD has specific case management procedures and scheduling practices that may differ from standard Superior Court practice.

G. Court of Chancery Specific Considerations

The Court of Chancery is known for its active case management. Chancellors and Vice Chancellors closely monitor scheduling compliance. Motions for extension in Chancery Court should be filed well in advance of the deadline and should demonstrate that the extension is truly necessary.

H. Delaware's Pro Hac Vice Requirements

Attorneys not admitted in Delaware must be admitted pro hac vice under Delaware Supreme Court Rule 71 to file motions. All filings by pro hac vice counsel must be signed by sponsoring Delaware counsel.

Sources and References

• Delaware Superior Court Civil Rule 6(b) (Enlargement of Time)
• Delaware Court of Chancery Rule 6(b) (Enlargement of Time)
• Delaware Superior Court Civil Rule 5(b) (Service of Papers)
• 10 Del. C. § 541 et seq. (Superior Court Jurisdiction)
• Discover Bank v. Vaden, 2004 WL 1375059 (Del. Super. Ct. June 17, 2004) (excusable neglect analysis)
• Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993) (excusable neglect framework)
• Delaware Courts website: https://courts.delaware.gov
• Delaware Superior Court Civil Rules: https://courts.delaware.gov/superior/pdf/civil_rules_2016.pdf
• File & ServeXpress: https://www.fileandservexpress.com