Illinois State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

Illinois Circuit Court

IMPORTANT PRACTICE NOTES FOR ILLINOIS PRACTITIONERS

Dual Authority — Statute and Supreme Court Rule: Illinois extension of time motions are governed by both a statute and a Supreme Court Rule:

1. 735 ILCS 5/2-1007: "On good cause shown, in the discretion of the court and on just terms, additional time may be granted for the doing of any act or the taking of any step or proceeding prior to judgment."

2. Illinois Supreme Court Rule 183: "The court, for good cause shown on motion after notice to the opposite party, may extend the time for filing any pleading or the doing of any act which is required by the rules to be done within a limited period, either before or after the expiration of the time."

Good Cause Standard: Under Rule 183, the movant must explain the reason for missing or needing more time to meet the deadline. The court may consider mistake, inadvertence, or attorney neglect; none is automatically excluded from the good-cause inquiry. Lack of prejudice to the opposing party alone does not establish good cause. Vision Point of Sale, Inc. v. Haas, 226 Ill. 2d 334 (2007).

Notice Requirement: Rule 183 expressly requires "motion after notice to the opposite party." Unlike some states, the notice requirement is embedded in the rule itself and cannot be waived absent agreement or court order.

Relationship Between Statute and Rule: Section 2-1007 applies to acts "prior to judgment" while Rule 183 applies to acts "required by the rules." In practice, motions typically cite both provisions.

Electronic Filing: Illinois uses eFileIL (the statewide e-filing system, powered by Tyler Technologies) for electronic filing. Under Supreme Court Rule 9, electronic filing is mandatory in all Illinois civil cases (subject to limited exemptions); electronic service of documents (other than process and complaint) is separately governed by Supreme Court Rule 11.

Circuit Court Divisions: Include a division in the caption only if the receiving circuit assigns one; confirm the case caption with that court.

Cook County Specific Rules: Cook County Circuit Court has specific local rules governing motion practice that may impose additional requirements. Practitioners filing in Cook County should consult the local rules.

CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ILLINOIS
[________________________________] DIVISION (if assigned)

No.: [________________________________]
Calendar: [____]
Judge: [________________________________]

MOTION FOR EXTENSION OF TIME

NOW COMES [________________________________] ("Movant"), by and through [☐ his / ☐ her / ☐ their] attorneys, [________________________________], and pursuant to 735 ILCS 5/2-1007 and Illinois Supreme Court Rule 183, respectfully moves this Honorable Court for an order extending the time for [________________________________] from [__/__/____] to [__/__/____], and in support thereof states as follows:

I. PROCEDURAL BACKGROUND

1. This action was filed on [__/__/____] in the Circuit Court of [________________________________] County [division, if assigned: ________________________________].

2. The matter is assigned to the Honorable [________________________________], Judge, Calendar [____].

3. On [__/__/____], the Court entered a [☐ Scheduling Order / ☐ Case Management Order / ☐ Discovery Order / ☐ Other Order] establishing a deadline of [__/__/____] for [________________________________].

4. The current deadline [☐ has not yet expired / ☐ expired on [__/__/____]].

5. This case is currently set for trial on [__/__/____]. The requested extension will not affect the trial date or other critical case management dates.

II. DEADLINE IDENTIFICATION

6. Movant seeks extension of the following deadline:

III. GROUNDS FOR EXTENSION

7. Good cause exists for the requested extension based on the following circumstances (check all that apply):

☐ Volume and complexity of discovery materials requiring additional review time

☐ Opposing party's or third party's recent production of documents

☐ Expert witness scheduling conflict or need for supplemental expert analysis

☐ Complexity of legal issues requiring additional research and briefing

☐ Illness, medical emergency, or unavailability of counsel, party, or critical witness

☐ Active settlement negotiations or mediation proceedings

☐ Need for coordination among multiple parties, co-defendants, or cross-claimants

☐ Newly discovered evidence or facts requiring investigation

☐ Court scheduling conflict or continuance of related hearing

☐ Change or addition of counsel requiring transition time

☐ Delays in third-party subpoena compliance or records production

☐ Pending ruling on dispositive motion that may affect the deadline at issue

☐ Other: [________________________________]

8. Detailed statement of good cause: [________________________________]

IV. GOOD CAUSE ANALYSIS UNDER RULE 183 AND SECTION 2-1007

9. Movant satisfies the "good cause" standard as follows:

a. Specific Reason for Extension: [________________________________]

b. Reason for Delay: The objective facts explaining why the deadline could not be met or why more time is needed, including any mistake or inadvertence where applicable, are: [________________________________]

c. Diligence Exercised: Movant has acted diligently to meet the current deadline by:

(i) [________________________________]

(ii) [________________________________]

(iii) [________________________________]

d. Good Faith: This motion is filed in good faith, not for the purpose of delay, and not to gain any tactical advantage. 735 ILCS 5/2-1007 requires that extensions be granted "on just terms," and the terms proposed herein are fair to all parties.

e. Circumstances Beyond Reasonable Control: The need for additional time arises from circumstances [☐ beyond Movant's control / ☐ not reasonably foreseeable at the time the deadline was set], specifically: [________________________________]

10. If Filed After Deadline Expiration: Movant shows good cause under Rule 183 for extending the expired deadline, explaining the reason for noncompliance:

a. The deadline expired on [__/__/____], [____] days ago.

b. The reason for the missed deadline: [________________________________]

c. Upon discovering the missed deadline, Movant immediately: [________________________________]

d. The delay has not caused prejudice because: [________________________________]

V. ABSENCE OF PREJUDICE

11. Granting the requested extension will not prejudice [________________________________] ("Non-Movant") because:

a. ☐ The trial date of [__/__/____] will remain unaffected.

b. ☐ No other case management deadlines require modification.

c. ☐ Non-Movant's preparation for trial or pending proceedings will not be impaired.

d. ☐ No depositions, hearings, or proceedings will need to be rescheduled.

e. ☐ The extension is brief ([____] days) and proportionate to the circumstances.

f. ☐ Non-Movant [☐ consents to / ☐ does not oppose] the extension.

g. ☐ Non-Movant will retain adequate time for responsive filings.

h. ☐ Other: [________________________________]

VI. PRIOR EXTENSIONS

12. Movant discloses the following history of extension requests:

☐ No prior extensions have been requested by Movant in this case.

☐ Prior extension requests by Movant:

VII. POSITION OF OPPOSING PARTY

13. Pursuant to the notice requirement of Supreme Court Rule 183, and in the interest of good-faith motion practice:

☐ On [__/__/____], Movant's counsel conferred with opposing counsel, [________________________________], by [☐ telephone / ☐ email / ☐ in person]. Opposing counsel [☐ consents / ☐ does not oppose / ☐ opposes] the extension.

☐ Movant's counsel made good-faith attempts to confer with opposing counsel on [__/__/____] and [__/__/____] by [________________________________] but was unable to obtain a response. Copies of communications are attached as Exhibit [____].

☐ Opposing party is pro se. Movant served notice of this motion on the opposing party on [__/__/____] by [________________________________].

14. If opposition exists, the stated basis: [________________________________]

15. Movant's response to the opposition: [________________________________]

VIII. PROPOSED SCHEDULE

16. Movant proposes the following schedule accommodating the extension:

IX. LEGAL AUTHORITY

17. 735 ILCS 5/2-1007 provides:

"On good cause shown, in the discretion of the court and on just terms, additional time may be granted for the doing of any act or the taking of any step or proceeding prior to judgment."

18. Illinois Supreme Court Rule 183 provides:

"The court, for good cause shown on motion after notice to the opposite party, may extend the time for filing any pleading or the doing of any act which is required by the rules to be done within a limited period, either before or after the expiration of the time."

19. In Vision Point of Sale, Inc. v. Haas, 226 Ill. 2d 334 (2007), the Supreme Court held that the court focuses on the movant's objective reason for noncompliance. Mistake, inadvertence, and attorney neglect may be considered; the Court rejected a categorical rule excluding them. Lack of prejudice to the opponent, by itself, does not establish good cause.

20. However, the ruling on a motion for an extension of time under Rule 183 is fact-dependent and committed to the sound discretion of the circuit court, and a reviewing court will not disturb that ruling absent an abuse of discretion.

21. Section 2-1007 grants the court broad discretion to impose "just terms" on any extension, which may include conditions such as payment of costs, compliance with interim deadlines, or other requirements the court deems appropriate.

22. The Code of Civil Procedure is to be "liberally construed, to the end that controversies may be speedily and finally determined according to the substantive rights of the parties." 735 ILCS 5/1-106.

X. PRAYER FOR RELIEF

WHEREFORE, [________________________________], Movant, respectfully requests that this Honorable Court:

a. Enter an order extending the deadline for [________________________________] from [__/__/____] to [__/__/____];

b. Modify the case management schedule as set forth in Section VIII, if applicable;

c. Award such other and further relief as the Court deems just and proper.

SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[________________________________] (Law Firm Name)
[________________________________] (Street Address)
[________________________________], Illinois [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
    [________________________________]
    ARDC No. [________________________________]
    Attorney for [☐ Plaintiff / ☐ Defendant]
    [________________________________]

Dated: [__/__/____]

VERIFICATION / AFFIDAVIT OF COUNSEL

I, [________________________________], an attorney licensed to practice in the State of Illinois, ARDC No. [________________________________], hereby state under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure (735 ILCS 5/1-109):

1. I am counsel of record for [________________________________] in this action.

2. The facts set forth in the foregoing Motion for Extension of Time are true and correct to the best of my personal knowledge, information, and belief.

3. I have reviewed the applicable scheduling order and deadlines in this case.

4. The extension is sought in good faith and not for purposes of delay.

5. The conferral efforts described in Section VII are accurate and complete.

6. This motion is well grounded in fact and warranted by existing law.

7. [Additional supporting facts: ________________________________]

________________________________________
[________________________________]
ARDC No. [________________________________]

PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ILLINOIS
[________________________________] DIVISION (if assigned)

No.: [________________________________]
Calendar: [____]

ORDER ON MOTION FOR EXTENSION OF TIME

     This matter coming to be heard on Movant's Motion for Extension
of Time, pursuant to 735 ILCS 5/2-1007 and Supreme Court Rule 183,
due notice having been given to all parties, and the Court being
fully advised in the premises:

     THE COURT FINDS:

     ☐ Good cause has been shown for the requested extension.
     ☐ The extension is granted on just terms.
     ☐ No prejudice will result to the opposing party.
     ☐ The trial schedule will not be disrupted.

     IT IS HEREBY ORDERED:

     1. The Motion for Extension of Time is ☐ GRANTED / ☐ DENIED.

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

     3. All other dates and deadlines remain in full force and effect
        unless otherwise modified by this Order.

     4. ☐ The following conditions ("just terms") are imposed:
        [________________________________]

     5. ☐ Additional modifications:
        [________________________________]

     ENTER:

     Dated: __________________________, 20_____

     ________________________________________
     Judge [________________________________]
     Circuit Court of [________________________________] County

NOTICE OF MOTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ILLINOIS
[________________________________] DIVISION (if assigned)

No. [________________________________]

                         NOTICE OF MOTION

TO:  [________________________________]
     [________________________________] (Attorney for [☐ Plaintiff / ☐ Defendant])
     [________________________________] (Address)
     [________________________________] (Email)

     PLEASE TAKE NOTICE that on [__/__/____] at [____] [☐ a.m. / ☐ p.m.],
or as soon thereafter as counsel may be heard, before the Honorable
Judge [________________________________], Courtroom [____], located at
[________________________________], the undersigned will present the
attached Motion for Extension of Time.

Dated: [__/__/____]

[________________________________]
ARDC No. [________________________________]
Attorney for [________________________________]

CERTIFICATE OF SERVICE

I, [________________________________], an attorney, certify that on [__/__/____], I caused the foregoing MOTION FOR EXTENSION OF TIME, NOTICE OF MOTION, and PROPOSED ORDER to be filed and served as follows:

Filing: ☐ Filed through eFileIL on [__/__/____]. Filing does not by itself establish service; identify each recipient and the service method below.

Service under Illinois Supreme Court Rule 11: Use email or an approved electronic filing service provider at a service address designated under Rule 11(c)(1), unless a rule or order specifies another method. Rule 11(c)(2) permits an alternative method for a self-represented party without an email address, a rule or order requiring another method, or extraordinary circumstances preventing timely electronic service in a particular instance. State the applicable reason if using an alternative method: [________________________________].

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, I certify that the statements set forth herein are true and correct.

________________________________________
[________________________________]
ARDC No. [________________________________]

PRACTICE GUIDANCE FOR ILLINOIS EXTENSION MOTIONS

Good Cause Standard — Key Considerations

Illinois courts evaluate good cause by examining:

• Specificity: Vague assertions of "need more time" are insufficient. The movant must articulate particular circumstances.
• Reason for delay: Explain the circumstances causing the missed deadline or need for more time. Vision Point permits the court to consider mistake, inadvertence, and attorney neglect; lack of prejudice alone is insufficient.
• Diligence: The movant should demonstrate active efforts to comply with the deadline.
• Proportionality: The length of the extension should be proportionate to the justification.
• Impact on Proceedings: The court considers whether the extension will disrupt the case schedule.

Illinois-Specific Practice Tips

• Notice of Motion Required: Illinois practice requires a separate Notice of Motion (see template above) setting the motion for a specific court date and time.
• Section 1-109 Verification: Consider using 735 ILCS 5/1-109 verification language instead of notarized affidavits when appropriate.
• Cook County: Cook County has specific local rules for motion practice, including particular motion call dates and courtroom procedures. Check the presiding judge's standing order.
• Collar Counties: DuPage, Lake, Will, Kane, and McHenry counties each have their own local motion practice rules.
• ARDC Number: Always include your Attorney Registration and Disciplinary Commission (ARDC) number on all filings.

E-Filing Requirements

• Illinois mandates electronic filing through eFileIL statewide
• Upload the proposed order as a separate document
• The Notice of Motion and Motion may be filed as a combined document or separately depending on local practice
• Serve each recipient at an address designated under Rule 11(c)(1) by email or through an approved provider's service function; confirm and record the service separately from filing.

Timing Considerations

• File before the deadline expires whenever possible
• Allow adequate time for the court to rule — some courts rule on the papers while others require hearing
• If presentment is required, calendar the motion for the next available motion call date

Sources and References

• 735 ILCS 5/2-1007 — Extension of Time and Continuances
• Illinois Supreme Court Rule 183 — Extensions of Time (PDF)
• Illinois Supreme Court Rules — Full Index
• Vision Point of Sale, Inc. v. Haas, 226 Ill. 2d 334 (2007)
• 735 ILCS 5/1-106 — Act to Be Liberally Construed
• Illinois Courts — eFileIL (Statewide E-Filing)
• SmartRules — Cook County Motion for Extension of Time Guide