Indiana State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

Indiana Circuit/Superior Court

IMPORTANT INSTRUCTIONS FOR ATTORNEYS

1. Replace all bracketed placeholders with case-specific information.
2. Indiana provides an automatic 30-day extension under Trial Rule 6(B) for responses to complaints or other pleadings. If the automatic extension applies, use the Notice of Automatic Extension instead of this Motion.
3. Indiana uses the Odyssey File & Serve e-filing system (Tyler Technologies) statewide. All documents must be electronically filed unless the filer qualifies for an exemption. The Indiana Office of Court Technology has announced a transition to a new in-house platform ("INfile") with a targeted spring 2026 rollout — confirm the current statewide e-filing platform name at the time of filing.
4. Under Trial Rule 6(C)(1), motions filed before the deadline require a showing of "cause." Under Trial Rule 6(C)(2), motions filed after the deadline require a showing of "excusable neglect."
5. Indiana uses "Cause Number" rather than "Case Number" in state court captions.
6. The court may not extend time under Trial Rules 50(A), 52(B), 56, 59(C), 59(E), or 60(B) except as stated in those rules (Trial Rule 6(C)(2)).
7. Remove all instructional notes before filing.

CAPTION

STATE OF INDIANA            )   IN THE [________________________________] COURT
                   ) SS:
COUNTY OF [________________________________]   )   [________________________________] COUNTY, INDIANA

                         CAUSE NO. [________________________________]

MOTION FOR EXTENSION OF TIME

COMES NOW [________________________________] ("Movant"), by counsel, and respectfully moves this Court pursuant to Indiana Trial Rule 6(B) for an order extending the deadline for [________________________________] from [__/__/____] to [__/__/____], and in support thereof states as follows:

I. PROCEDURAL HISTORY AND IDENTIFICATION OF DEADLINE

1. This action was filed on [__/__/____].

2. The current deadline at issue was established by:

☐ Court Order dated [__/__/____]

☐ Case Management Plan / Scheduling Order dated [__/__/____]

☐ Indiana Trial Rule [____] (rule-based deadline)

☐ Stipulation of the parties filed [__/__/____]

3. Current Deadline: [__/__/____]

4. Obligation Due: [________________________________]

5. Proposed New Deadline: [__/__/____]

6. Length of Extension Requested: [____] days

7. Number of Prior Extensions Granted for This Obligation: [____]

II. TIMING OF THIS MOTION

☐ This Motion is filed before the expiration of the current deadline. Movant seeks relief under Indiana Trial Rule 6(C)(1), which authorizes the court to enlarge time "for cause shown" when the request is made before the time expires.

☐ This Motion is filed after the expiration of the current deadline. Movant seeks relief under Indiana Trial Rule 6(C)(2), which authorizes the court to enlarge time upon a showing that "the failure to act was the result of excusable neglect."

III. NOTICE REGARDING AUTOMATIC EXTENSION (TRIAL RULE 6(B))

☐ Not Applicable. The deadline at issue is not a deadline to respond to a complaint or other pleading, and the automatic 30-day enlargement under Trial Rule 6(B) does not apply.

☐ Previously Used. Movant has already used the one automatic 30-day enlargement available under Trial Rule 6(B) for this obligation. That enlargement was filed on [__/__/____], extending the deadline from [__/__/____] to [__/__/____]. Movant now requires additional time beyond the automatic extension.

☐ Inapplicable to This Deadline Type. Trial Rule 6(B) applies only to responses to complaints or other pleadings. The current deadline involves [________________________________], which is not subject to the automatic enlargement.

IV. CONFERRAL WITH OPPOSING COUNSEL

Undersigned counsel certifies the following regarding conferral with opposing counsel:

☐ Counsel conferred with [________________________________], counsel for [________________________________], on [__/__/____]. Opposing counsel does not oppose this Motion.

☐ Counsel conferred with [________________________________], counsel for [________________________________], on [__/__/____]. Opposing counsel opposes this Motion. The stated basis for opposition is: [________________________________].

☐ Counsel conferred with [________________________________], counsel for [________________________________], on [__/__/____]. Opposing counsel takes no position.

☐ Despite good-faith efforts on [__/__/____] and [__/__/____], counsel was unable to confer with opposing counsel. Efforts included: [________________________________].

V. FACTUAL BASIS

1. This action involves claims for [________________________________] arising from [________________________________].

2. On [__/__/____], the Court entered [________________________________] establishing the current deadline of [__/__/____] for [________________________________].

3. Since entry of that deadline, Movant has diligently pursued compliance by taking the following steps:

a. [________________________________]

b. [________________________________]

c. [________________________________]

4. Despite this diligence, additional time is required because:

a. [________________________________]

b. [________________________________]

5. The current trial date is [__/__/____]. The requested extension will not affect the trial date or other established deadlines.

6. [Additional facts: ________________________________]

VI. GROUNDS FOR EXTENSION

Movant asserts the following grounds (select all that apply):

☐ Volume of discovery. Movant has received [____] pages of documents and/or [____] electronically stored files requiring review.

☐ Expert witness scheduling. Movant's expert, [________________________________], is unavailable until [__/__/____].

☐ Third-party records. Movant is awaiting records from [________________________________], subpoenaed on [__/__/____] and not yet produced.

☐ Complexity of issues. The legal or factual issues require additional research and preparation time, including [________________________________].

☐ Settlement discussions. The parties are engaged in active settlement negotiations. An extension would facilitate potential resolution.

☐ Counsel scheduling conflict. Undersigned counsel has a conflicting obligation in [________________________________], Cause No. [________________________________], scheduled for [__/__/____].

☐ Illness or emergency. [________________________________] experienced [________________________________] on [__/__/____].

☐ Newly retained counsel. Movant retained new counsel on [__/__/____]; counsel needs additional time to review the file and become familiar with the case.

☐ Other: [________________________________]

VII. LEGAL STANDARD

A. Indiana Trial Rule 6(B) — Automatic Enlargement of Time

Indiana Trial Rule 6(B), effective for filings on and after January 1, 2025 (and restyled without substantive change effective July 1, 2026), provides:

A party may receive one automatic thirty-day enlargement of time to respond to a complaint or other pleading by filing a notice with the court. The notice must include the date when the response was initially due and the date to which time is enlarged. If the party files the notice on or before the original due date, the enlargement is granted without a written order by the court.

B. Indiana Trial Rule 6(C) — Other Enlargement of Time; Restrictions

Indiana Trial Rule 6(C) provides:

Except for the automatic enlargement of time allowed in subdivision (B), when an act is required or allowed to be done at or within a specific time by these rules, the court may upon motion: (1) if the request is made before the time has expired, order the time enlarged for cause shown; or (2) if the request is made after the time has expired, order the time enlarged where the failure to act was the result of excusable neglect. However, the court may not extend the time under Rules 50(A), 52(B), 56, 59(C), 59(E), or 60(B), except as stated in those rules.

Practice note: Before January 1, 2025, these provisions were numbered Trial Rule 6(B)(1) (cause shown), 6(B)(2) (excusable neglect), and 6(B)(3) (automatic enlargement), with the restriction on enlargement under Rule 60(B) and related rules formerly numbered 6(B)(4). Confirm the version of Trial Rule 6 in effect at the time of filing at rules.incourts.gov.

C. Indiana Case Law

The decision whether to grant or deny a motion for enlargement of time under Trial Rule 6 lies within the sound discretion of the trial court and is reviewed only for abuse of that discretion. See Boyd v. WHTIV, Inc., 997 N.E.2d 1108 (Ind. Ct. App. 2013) (reversing trial court's denial of a Trial Rule 6 motion for extension of time to respond to a summary judgment motion). In the analogous context of relief from default judgments for excusable neglect under Trial Rule 60(B)(1), Indiana courts have looked to whether the party acted diligently and in good faith and whether the delay was attributable to inattention rather than genuine mistake or breakdown in communication. See Smith v. Johnston, 711 N.E.2d 1259, 1262 (Ind. 1999) ("The judicial system simply cannot allow its processes to be stymied by simple inattention."); Boles v. Weidner, 449 N.E.2d 288, 291 (Ind. 1983) (Trial Rule 60(B)(1) excusable-neglect analysis).

D. Policy Favoring Adjudication on the Merits

Indiana Trial Rule 1 states that the Rules "must be construed to secure the just, speedy, and inexpensive determination of every action." Indiana courts consistently favor resolution on the merits over disposition on procedural grounds. See Boles v. Weidner, 449 N.E.2d 288, 290 (Ind. 1983).

VIII. ARGUMENT

A. Good Cause / Excusable Neglect Exists

[________________________________]

The need for additional time arises from [________________________________], which was not reasonably foreseeable when the original deadline was set. Movant promptly sought this extension upon discovering the circumstances necessitating it.

B. Movant Has Demonstrated Diligence

Movant has complied with all prior deadlines in this litigation and has taken the following specific steps toward compliance with the current deadline:

1. [________________________________]
2. [________________________________]
3. [________________________________]

C. No Prejudice to the Non-Moving Party

Granting this extension will not prejudice [________________________________] because:

1. The trial date of [__/__/____] is unaffected.
2. The non-moving party's own deadlines are not impacted.
3. The non-moving party has identified no specific prejudice.
4. [________________________________]

D. The Extension Serves the Interests of Justice

A brief extension promotes a thorough and complete disposition of this action on the merits, consistent with Indiana Trial Rule 1 and the policy of the Indiana courts.

IX. IMPACT ON OTHER DEADLINES

☐ No other deadlines are affected by this extension.

☐ The following deadlines should be correspondingly adjusted:

X. REQUESTED RELIEF

WHEREFORE, Movant respectfully requests that this Court:

1. Extend the deadline for [________________________________] from [__/__/____] to [__/__/____];
2. Adjust any related deadlines as appropriate; and
3. Grant such other and further relief as the Court deems just and proper.

SIGNATURE BLOCK

Respectfully submitted,

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

By: ________________________________________
[________________________________]
Attorney No. [________________________________]
Counsel for [________________________________]

Date: [__/__/____]

NOTICE OF AUTOMATIC THIRTY-DAY ENLARGEMENT (ALTERNATIVE — USE WHEN APPLICABLE)

(Filed pursuant to Indiana Trial Rule 6(B) in lieu of a Motion for Extension of Time when responding to a complaint or other pleading)

STATE OF INDIANA          )   IN THE [________________________________] COURT
                 ) SS:
COUNTY OF [________________________________]   )   [________________________________] COUNTY, INDIANA

                     CAUSE NO. [________________________________]

NOTICE OF AUTOMATIC ENLARGEMENT OF TIME

Pursuant to Indiana Trial Rule 6(B), [________________________________] ("Movant") hereby provides notice that Movant is exercising the one automatic thirty-day enlargement of time to respond to the [________________________________] filed by [________________________________]. If this notice is filed on or before the original due date, the enlargement is granted without a written order of the Court.

1. Date Response Was Initially Due: [__/__/____]
2. Date to Which Time Is Enlarged: [__/__/____] (30 days from the original due date)

This is Movant's first and only automatic enlargement for this pleading.

DATED: [__/__/____]

By: ________________________________________
[________________________________]
Attorney No. [________________________________]
Counsel for [________________________________]

PROPOSED ORDER

STATE OF INDIANA          )   IN THE [________________________________] COURT
                 ) SS:
COUNTY OF [________________________________]   )   [________________________________] COUNTY, INDIANA

                     CAUSE NO. [________________________________]

ORDER GRANTING MOTION FOR EXTENSION OF TIME

The Court, having considered [________________________________]'s Motion for Extension of Time and being duly advised in the premises, now finds that the Motion should be GRANTED.

IT IS THEREFORE ORDERED that:

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

2. ☐ All other deadlines remain in full force and effect.

☐ The following deadlines are adjusted:

• [________________________________]: extended to [__/__/____]
• [________________________________]: extended to [__/__/____]

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

________________________________________
Honorable [________________________________]
Judge, [________________________________] Court
[________________________________] County, Indiana

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 electronically filed through the Indiana E-Filing System (Odyssey), which effectuates electronic service on all registered counsel of record, pursuant to Indiana Trial Rule 5(B)(3).

Service was additionally made by the following method(s) upon the following parties:

________________________________________
[________________________________]

SOURCES AND REFERENCES

• Indiana Trial Rule 6 — Time (current, effective July 1, 2026): https://rules.incourts.gov/Content/trial/rule6/current.htm
• Indiana Rules of Trial Procedure (Complete): https://rules.incourts.gov/Content/trial/default.htm
• Indiana Trial Rule 5 — Service and Filing of Pleadings (current, effective January 1, 2026): https://rules.incourts.gov/Content/trial/rule5/current.htm
• Indiana Supreme Court, Order Amending Rules of Trial Procedure (Cause No. 25S-MS-5, Sept. 9, 2025, eff. Jan. 1, 2026 — renumbered Rule 6(B)/(C)/(D)): https://www.in.gov/courts/files/order-rules-2025-25S-MS-5.pdf
• Indiana E-Filing System (Odyssey File & Serve; INfile transition pending): https://www.in.gov/courts/efiling/
• Boyd v. WHTIV, Inc., 997 N.E.2d 1108 (Ind. Ct. App. 2013) — Discretionary standard; reversal of denial of Trial Rule 6 extension request
• Smith v. Johnston, 711 N.E.2d 1259 (Ind. 1999) — Excusable-neglect analysis (Trial Rule 60(B)(1) context)
• Boles v. Weidner, 449 N.E.2d 288 (Ind. 1983) — Policy favoring merits adjudication (Trial Rule 60(B)(1) context)