Kansas State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

STATE OF KANSAS — DISTRICT COURT

1. CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

CIVIL DEPARTMENT

2. MOTION FOR EXTENSION OF TIME

COMES NOW [________________________________] ("Movant"), by and through undersigned counsel, and pursuant to K.S.A. 60-206(b), respectfully moves this Honorable Court for an Order extending the deadline for the following act:

Action/Filing for Which Extension Is Sought:
[________________________________]

Current Deadline: [__/__/____]

Proposed New Deadline: [__/__/____]

Number of Additional Days Requested: [____]

In support of this Motion, and in compliance with the requirements of K.S.A. 60-206(b) and Kansas Supreme Court Rule 133, Movant states as follows:

3. MANDATORY DISCLOSURES UNDER K.S.A. 60-206(b)

Kansas law specifically requires that all motions for extension of time include the following information:

A. Prior Consultation with Opposing Counsel

Undersigned counsel conferred with opposing counsel regarding this Motion on [__/__/____] by [________________________________] (telephone, email, in person, letter).

☐ Opposing counsel consents to the requested extension.

☐ Opposing counsel does not oppose the requested extension.

☐ Opposing counsel objects to the requested extension. The stated basis for the objection is: [________________________________]

☐ Undersigned counsel was unable to confer with opposing counsel despite good faith efforts on the following dates: [________________________________].

B. Date When the Act Was First Due

The act for which this extension is sought was originally due on: [__/__/____]

C. Prior Extensions — Number and Dates

☐ No prior extensions have been granted for this deadline.

Date of Expiration of Last Extension (if any): [__/__/____]

D. Cause for the Requested Extension

[________________________________]

4. CASE BACKGROUND AND PROCEDURAL HISTORY

1. This action was commenced on [__/__/____] by the filing of a [________________________________].

2. The current deadline at issue was established by [________________________________] (e.g., Court Order, Scheduling Order, K.S.A. provision), entered on [__/__/____].

3. The matter is currently set for trial on [__/__/____] before the Honorable [________________________________].

4. The case is governed by a Scheduling Order entered on [__/__/____] pursuant to a case management conference under K.S.A. 60-216(b).

5. GROUNDS FOR EXTENSION

Movant seeks this extension based on the following grounds (check all that apply):

☐ Volume and complexity of discovery materials requiring additional review and analysis

☐ Recently produced documents or supplemental disclosures necessitating additional time

☐ Scheduling conflicts among counsel preventing timely completion of the required act

☐ Unavailability of key witnesses for deposition or consultation

☐ Ongoing mediation or settlement negotiations that may resolve or narrow issues

☐ Complexity of legal issues requiring additional research and briefing

☐ Retention of expert witnesses requiring engagement, analysis, and report preparation time

☐ Illness or medical emergency affecting counsel, a party, or a critical witness

☐ Substitution or withdrawal of counsel requiring new counsel to become familiar with the case

☐ Conflicting trial settings or court calendar obligations in other matters

☐ Outstanding third-party subpoena responses or records requests

☐ Need for additional time to comply with expert witness disclosure deadlines under K.S.A. 60-226(b)(6)

☐ Other: [________________________________]

6. LEGAL STANDARD

A. K.S.A. 60-206(b) — Extending Time

K.S.A. 60-206(b) provides:

"When an act may or must be done within a specified time, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or (B) on motion made after the time has expired if the party failed to act because of excusable neglect."

B. Timing of This Motion

☐ This Motion is filed before the expiration of the current deadline. Movant demonstrates "good cause" as required by K.S.A. 60-206(b)(1)(A).

☐ This Motion is filed after the expiration of the current deadline. Movant demonstrates "excusable neglect" as required by K.S.A. 60-206(b)(1)(B).

C. Kansas Standard for Good Cause

K.S.A. 60-206(b)(1)(A) commits the "good cause" determination to the trial court's discretion when a request is made before the original deadline or its extension expires. Movant should address the reason for the requested extension, the diligence exercised in attempting to meet the existing deadline, the absence of prejudice to the opposing party, and the effect of the requested enlargement on the rights of all parties, as these considerations bear on the court's exercise of that discretion.

D. Kansas Standard for Excusable Neglect

"Excusable neglect" under K.S.A. 60-206(b) is not susceptible to precise definition. It must be determined on a case-by-case basis. The trial court considers the circumstances under which the neglect to act occurred as well as the effect of an enlargement upon the rights of all parties affected thereby. See Boyce v. Boyce, 206 Kan. 53, 55-56, 476 P.2d 625 (1970) (holding that excusable neglect under K.S.A. 60-206(b) must be determined case by case, considering the circumstances of the neglect and the effect of an enlargement on the rights of all parties).

7. DETAILED STATEMENT OF GOOD CAUSE

[________________________________]

Diligence of Movant

Movant has exercised reasonable diligence in attempting to meet the current deadline by taking the following steps:

1. [________________________________]

2. [________________________________]

3. [________________________________]

8. EXCUSABLE NEGLECT (IF APPLICABLE — AFTER-EXPIRATION MOTIONS ONLY)

Complete this section only if the current deadline has already passed.

The failure to meet the deadline was caused by:

[________________________________]

The neglect was excusable because:

[________________________________]

The circumstances under which the neglect occurred include:

[________________________________]

9. ABSENCE OF PREJUDICE

The requested extension will not prejudice the opposing party or any other party to this action because:

1. The current trial date of [__/__/____] will not be affected by the requested extension.

2. No other deadlines in the Court's Scheduling Order will require modification.

3. The opposing party will have adequate time to respond to any filings or disclosures made within the extended deadline.

4. The extension promotes adjudication on the merits consistent with K.S.A. 60-102 (construction of the code to secure the just, speedy, and inexpensive determination of every action).

5. [________________________________]

10. IMPACT ON CASE SCHEDULE

☐ The requested extension will not require modification of the Court's Scheduling Order entered pursuant to a case management conference under K.S.A. 60-216(b).

☐ The requested extension may require modification of the following deadlines, and Movant proposes the following revised schedule:

11. NON-EXTENDABLE DEADLINES — K.S.A. 60-206(b) LIMITATIONS

Movant acknowledges that K.S.A. 60-206(b)(2) prohibits the Court from extending deadlines under the following provisions: K.S.A. 60-250(b) (renewed motions for judgment as a matter of law), K.S.A. 60-252(b) (amending findings), K.S.A. 60-259(b), (e), and (f) (new trial motions), and K.S.A. 60-260(b) (relief from judgment). This Motion does not seek to extend any such deadline.

12. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Honorable Court:

1. Grant this Motion for Extension of Time;

2. Extend the deadline for [________________________________] from [__/__/____] to [__/__/____];

3. Enter the attached Proposed Order; and

4. Grant such other and further relief as the Court deems just and proper.

13. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Law Firm Name]

[________________________________]
[Street Address]

[________________________________], Kansas [__________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

By: ________________________________________

[________________________________]
Attorney Name

Kansas Supreme Court No. [________________________________]

Attorney for [________________________________]

Date: [__/__/____]

14. CERTIFICATE OF CONFERRAL

I, [________________________________], counsel for Movant, hereby certify that on [__/__/____], I conferred with [________________________________], counsel for [________________________________], regarding this Motion for Extension of Time, as required by K.S.A. 60-206(b).

The views of opposing counsel are as follows:

☐ Counsel for the opposing party consents to the relief sought.

☐ Counsel for the opposing party does not oppose the relief sought.

☐ Counsel for the opposing party objects to the relief sought. The basis for the objection is: [________________________________]

☐ I was unable to confer with opposing counsel despite the following good faith efforts: [________________________________]

________________________________________
[Attorney Name]

15. VERIFICATION (IF REQUIRED BY LOCAL RULE)

STATE OF KANSAS
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, state under oath that the facts set forth in the foregoing Motion are true and correct to the best of my knowledge, information, and belief.

________________________________________
[Affiant Name]

Subscribed and sworn to before me this [____] day of [________________], [________].

________________________________________
Notary Public
My Commission Expires: [__/__/____]

16. PROPOSED ORDER

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

CIVIL DEPARTMENT

ORDER GRANTING MOTION FOR EXTENSION OF TIME

This matter comes before the Court on the Motion of [________________________________] for Extension of Time, filed on [__/__/____], pursuant to K.S.A. 60-206(b).

The Court, having reviewed the Motion and any responses thereto, having considered the mandatory disclosures required by K.S.A. 60-206(b), and being otherwise fully advised, hereby finds that:

1. Good cause exists for the requested extension of time.

2. The Motion was filed ☐ before / ☐ after the expiration of the current deadline.

3. The opposing party ☐ consents / ☐ does not oppose / ☐ objects to the extension.

4. The motion includes the required information regarding prior consultation, original due date, prior extensions, and cause for the extension.

5. The extension will not unduly prejudice any party or disrupt the Court's schedule.

IT IS THEREFORE ORDERED that:

1. The Motion for Extension of Time is GRANTED.

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

3. All other deadlines in the Scheduling Order dated [__/__/____] remain in full force and effect unless otherwise modified by the Court.

4. [________________________________]

IT IS SO ORDERED this [____] day of [________________], [________].

________________________________________
Honorable [________________________________]
District Judge, Division [____]

17. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Extension of Time and Proposed Order was filed via the Kansas Courts Electronic Filing System (eFlex), which sent electronic notification to all registered counsel of record pursuant to K.S.A. 60-205.

In addition, copies were served by the following methods:

________________________________________
[Attorney Name]
Kansas Supreme Court No. [________________________________]

18. PRACTICE NOTES FOR KANSAS PRACTITIONERS

Mandatory Motion Content Under K.S.A. 60-206(b)

Kansas law is notably specific about what must be included in a motion for extension of time. Every such motion must disclose:

1. Prior consultation — When counsel conferred with opposing counsel and the views of opposing counsel
2. Original due date — The date when the act was first due
3. Prior extensions — The number of prior extensions and the date of expiration of the last extension
4. Cause — The cause for the requested extension

Failure to include these mandatory disclosures may result in denial of the motion.

Kansas Supreme Court Rule 133 — Memorandum and Argument on Motion

Rule 133 requires that every written motion state, in the motion or an accompanying memorandum, the reasons for the motion and any authorities the court should consider, without extended elaboration. An adverse party may file a memorandum in opposition no later than 7 days after service of the motion unless a statute, another rule, or the court provides otherwise, and either side may request oral argument.

K.S.A. 60-216(b) — Case Management Conference

K.S.A. 60-216(b) governs case management conferences, at which the court sets deadlines for discovery, motions, and other pretrial matters, typically memorialized in a scheduling order. Modification of a scheduling order deadline requires a showing of good cause. When seeking an extension that impacts scheduling order deadlines, address the good cause standard directly.

Three-Day Mail Rule — K.S.A. 60-206(d)

When a party may or must act within a specified time after being served and service is made by mail under K.S.A. 60-205(b)(2)(C), or by leaving with the clerk under K.S.A. 60-205(b)(2)(D), three days are added after the period would otherwise expire.

Non-Extendable Deadlines

The following deadlines cannot be extended under K.S.A. 60-206(b):

• K.S.A. 60-250(b) — Renewed motions for judgment as a matter of law
• K.S.A. 60-252(b) — Amending findings
• K.S.A. 60-259(b), (e), (f) — New trial motions
• K.S.A. 60-260(b) — Relief from judgment

Local Rules

Kansas district courts may have local rules imposing additional requirements for motions practice. Notable local rules include those of Johnson County, Sedgwick County, and Shawnee County (Third Judicial District DCR 3.202), which may require specific formatting, page limits, or hearing procedures. Always check the applicable local rules before filing.

Sources and References

• K.S.A. 60-206 — Time, Computation and Extension: https://ksrevisor.gov/statutes/chapters/ch60/060_002_0006.html
• K.S.A. 60-216 — Pretrial Conferences; Case Management Conference: https://ksrevisor.gov/statutes/chapters/ch60/060_002_0016.html
• K.S.A. 60-226 — Discovery: https://ksrevisor.gov/statutes/chapters/ch60/060_002_0026.html
• K.S.A. 60-206 (2025 Kansas Statutes): https://law.justia.com/codes/kansas/chapter-60/article-2/section-60-206/
• Kansas Supreme Court Rule 133 — Memorandum and Argument on Motion: https://kscourts.gov/Rules-Orders/Rules/Memorandum-and-Argument-on-Motion
• Kansas Courts Electronic Filing System (eFlex): https://filer.kscourts.gov/
• Boyce v. Boyce, 206 Kan. 53, 476 P.2d 625 (1970) (discussing excusable neglect under K.S.A. 60-206(b))
• Third Judicial District (Shawnee County) Local Rules — DCR 3.202: https://www.shawneecourt.org/143/DCR-3202-Motions-in-Civil-Cases