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)(3) 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 e-filing system statewide. All documents must be electronically filed unless the filer qualifies for an exemption.
4. Under Trial Rule 6(B)(1), motions filed before the deadline require a showing of "cause." Under Trial Rule 6(B)(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.
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(B)(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(B)(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)(3))

☐ 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)(3) does not apply.

☐ Previously Used. Movant has already used the one automatic 30-day enlargement available under Trial Rule 6(B)(3) 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)(3) 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) — Enlargement of Time

Indiana Trial Rule 6(B) provides:

(1) When an act is required or allowed to be done at or within a specific time by these rules, the court may at any time for cause shown, provided that the request is made before the expiration of the period originally prescribed or extended by a previous order, order the period enlarged.

(2) When an act is required or allowed to be done at or within a specified time by these rules and the failure to act was the result of excusable neglect, the court may permit the act to be done after the expiration of the specified period.

(3) A party may receive one automatic thirty-day enlargement of time to respond to any complaint or other pleading, by filing with the court and serving on all parties of record a notice of the enlargement, specifying the date when the response was initially due and the date to which time is enlarged.

B. Restrictions on Enlargement

The court may not extend the time for taking any action under Indiana Trial Rules 50(A), 52(B), 56, 59(C), 59(E), or 60(B), except to the extent and under the conditions stated in those rules. Ind. T.R. 6(B)(4).

C. Indiana Case Law

Indiana courts have held that the determination of whether to grant an extension of time lies within the sound discretion of the trial court. See Town of Merrillville v. Merrillville Conservancy Dist., 649 N.E.2d 645, 649 (Ind. Ct. App. 1995). The court should consider: (1) whether the movant has shown good cause; (2) whether the opposing party would be prejudiced; (3) any prior history of extensions; and (4) whether the movant acted in good faith. See Smith v. Johnston, 711 N.E.2d 1259, 1263 (Ind. 1999).

D. Policy Favoring Adjudication on the Merits

Indiana Trial Rule 1 states that the Rules "shall 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)(3) 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)(3), [________________________________] ("Movant") hereby provides notice that Movant is exercising the one automatic thirty-day enlargement of time to respond to the [________________________________] filed by [________________________________].

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)(2).

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

________________________________________
[________________________________]

SOURCES AND REFERENCES

• Indiana Trial Rule 6 — Time: 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: https://rules.incourts.gov/Content/trial/rule5/current.htm
• Indiana E-Filing System (Odyssey): https://www.in.gov/courts/efiling/
• Town of Merrillville v. Merrillville Conservancy Dist., 649 N.E.2d 645 (Ind. Ct. App. 1995) — Discretionary standard for extensions
• Smith v. Johnston, 711 N.E.2d 1259 (Ind. 1999) — Good cause factors
• Boles v. Weidner, 449 N.E.2d 288 (Ind. 1983) — Policy favoring merits adjudication