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 in any civil action."

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: Illinois courts have held that "good cause" under Supreme Court Rule 183 requires more than mere inadvertence, mistake, or lack of prejudice to the opposing party. The movant must demonstrate specific, articulable reasons for the extension. See 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 Odyssey eFileIL for electronic filing. Under Supreme Court Rule 11, electronic filing is mandatory in all Illinois courts.

Circuit Court Divisions: Illinois circuit courts are organized into divisions (Law Division, Chancery Division, Municipal Division, etc.). Be sure to reference the correct division in the caption.

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

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

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.

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. More Than Inadvertence: This request is not based on mere inadvertence, mistake, or neglect, but rather on the following substantive circumstances: [________________________________]

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 demonstrates that the failure to meet the deadline was the result of excusable neglect, not willful disregard:

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 in any civil action."

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. The Illinois Supreme Court has emphasized that good cause under Rule 183 requires more than a showing of inadvertence or mistake. In Vision Point of Sale, Inc. v. Haas, 226 Ill. 2d 334, 341 (2007), the Court held that the movant must articulate specific reasons demonstrating good cause, and that "mere inadvertence is not sufficient to constitute good cause for an extension of time."

20. However, the appellate courts have recognized that the determination of good cause is committed to the trial court's broad discretion, and the decision will not be overturned absent an abuse of that discretion. See Davi v. Colianni, 2017 IL App (2d) 170014 (discussing discretionary standard).

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 rules of civil procedure are to be "liberally construed" to achieve the ends of justice. Ill. S. Ct. R. 1.

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

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


              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

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: ☐ Odyssey eFileIL Electronic Filing System, which sent notification of filing to all registered counsel pursuant to Illinois Supreme Court Rule 11.

Additional Service:

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.
• More Than Inadvertence: The Illinois Supreme Court in Vision Point of Sale made clear that inadvertence, mistake, or lack of prejudice alone do not satisfy good cause.
• 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 Odyssey 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
• Service through eFileIL satisfies the electronic service requirements of Supreme Court Rule 11

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
• 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)
• Illinois Code of Civil Procedure — Article II
• SmartRules — Cook County Motion for Extension of Time Guide