State Court Motion for Extension of Time - Georgia

0. ATTORNEY VALIDATION CERTIFICATE

I, [Attorney Name], certify that I have reviewed the current statutes, statewide procedural rules, and local rules governing deadline modifications in this matter on [REVIEW_DATE]; that the factual statements in this motion are accurate to the best of my knowledge; that applicable notice or conferral requirements have been satisfied or will be satisfied as represented below; and that I approve this motion for filing on behalf of [Client Name].

Signature: ________________________________ Date: __________________

Printed Name: _____________________________ Bar No.: ________________

MOTION FOR EXTENSION OF TIME

(In the [SUPERIOR/STATE] Court of [COUNTY_NAME] County, State of Georgia)

1. CAPTION

IN THE [SUPERIOR/STATE] COURT OF [COUNTY_NAME] COUNTY
STATE OF GEORGIA

Civil Action File No. [CASE_NUMBER]

2. MOTION

COMES NOW [Movant] and, pursuant to O.C.G.A. § 9-11-6(b), respectfully moves the Court to extend the deadline for [describe act] from [CURRENT_DEADLINE] to [PROPOSED_NEW_DEADLINE].

3. STATEMENT OF GROUNDS

1. On [ORDER_DATE], the Court entered [order/scheduling notice] establishing the current deadline.
2. [Movant] has diligently [describe actions], including [FACT_DETAIL].
3. Additional time is required because [REASONS], constituting good cause/excusable neglect.
4. Counsel conferred with [Opposing Counsel] on [DATE]; [Opposing Party] [consents / does not oppose / objects].
5. The requested extension will not affect the trial date of [TRIAL_DATE] or other significant deadlines.

4. LEGAL STANDARD

O.C.G.A. § 9-11-6(b) authorizes the Court, for cause shown, to (1) extend the time for an act governed by the Civil Practice Act where the request is made before expiration of the period originally prescribed or as previously extended, or (2) upon motion made after expiration of the specified period, permit the act where the failure to act resulted from excusable neglect; no extension of time may be granted for filing a motion for new trial or for judgment notwithstanding the verdict. As a matter of best practice — not a specific rule requirement — counsel should request extensions as early as practicable before the deadline expires and should confer with opposing counsel before filing, since a pre-expiration request avoids the heightened excusable-neglect showing required for a post-expiration motion.

5. ARGUMENT

1. Good Cause/Excusable Neglect. [Detail supporting circumstances].
2. Diligence. [Describe steps taken promptly].
3. No Prejudice. Granting the extension will not prejudice [Non-Movant] because [reasons], and promotes adjudication on the merits.

6. REQUEST FOR RELIEF

WHEREFORE, [Movant] prays that the Court extend the deadline for [describe act] to [PROPOSED_NEW_DEADLINE], adjust related deadlines as necessary, and grant such other relief as the Court deems proper.

7. PROPOSED ORDER (ATTACHMENT)

IN THE [SUPERIOR/STATE] COURT OF [COUNTY_NAME] COUNTY
STATE OF GEORGIA

Civil Action File No. [CASE_NUMBER]

ORDER GRANTING MOTION FOR EXTENSION OF TIME

Upon consideration of [Movant]'s Motion for Extension of Time, and for good cause shown, it is ORDERED that the motion is GRANTED.

The deadline for [describe act] is extended to [PROPOSED_NEW_DEADLINE]. All other deadlines remain in effect unless modified by further order.

SO ORDERED this ___ day of __________, [YEAR].

__________________________________
Judge, [SUPERIOR/STATE] Court of [COUNTY_NAME] County

8. SIGNATURE BLOCK

Respectfully submitted this ___ day of __________, [YEAR].

[LAW_FIRM_NAME]
[STREET_ADDRESS]
[City], Georgia [ZIP]
Telephone: [PHONE]
Email: [EMAIL]

By: __________________________________
[ATTORNEY_NAME]
Georgia Bar No. [BAR_NUMBER]
Attorney for [MOVING_PARTY_NAME]

9. CERTIFICATE OF SERVICE

I hereby certify that I have this day served the foregoing Motion for Extension of Time upon all counsel of record by [court-provider service shown by receipt / statutory email satisfying O.C.G.A. § 9-11-5(b), (f) / U.S. Mail] on [SERVICE_DATE].

__________________________________
[ATTORNEY_NAME]

10. SAMPLE GOOD CAUSE NARRATIVE (TAILOR BEFORE FILING)

On March 12, 2024, [Movant] received 3,400 pages of supplemental records from a third-party provider. The materials revealed new witnesses and data points requiring expert analysis. [Movant] immediately retained the appropriate expert, who was first available on [EXPERT_MEETING_DATE], and coordinated with opposing counsel to schedule any follow-up discovery. Absent a short extension of the current [CURRENT_DEADLINE] to [PROPOSED_NEW_DEADLINE], [Movant] cannot incorporate the new information into required submissions. Opposing counsel was contacted on [CONFERRAL_DATE] but declined to stipulate, identifying no concrete prejudice beyond a preference to maintain the existing schedule.

11. MITIGATION COMMITMENT TEMPLATE

1. Maintain the existing trial or dispositive motion dates unless the Court directs otherwise.
2. Produce all outstanding discovery or supplemental disclosures no later than [COMMITMENT_DATE].
3. Offer supplemental deposition or interview availability for affected witnesses during [DATE_RANGE] at [LOCATION].
4. Provide a status update letter to the Court and opposing counsel within [STATUS_UPDATE_WINDOW] days of the new deadline.