Kentucky State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

COMMONWEALTH OF KENTUCKY — CIRCUIT COURT

1. CAPTION

COMMONWEALTH OF KENTUCKY

[________________________________] CIRCUIT COURT

[____] JUDICIAL CIRCUIT

CIVIL ACTION NO. [________________________________]

2. MOTION FOR ENLARGEMENT OF TIME

COMES NOW [________________________________] ("Movant"), by and through undersigned counsel, and pursuant to Kentucky Rules of Civil Procedure CR 6.02, respectfully moves this Honorable Court to enlarge the time within which the following act must be completed:

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

Current Deadline: [__/__/____]

Proposed New Deadline: [__/__/____]

Number of Additional Days Requested: [____]

In support of this Motion, Movant states as follows:

3. CASE BACKGROUND AND PROCEDURAL HISTORY

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

2. The current deadline at issue was established by [________________________________] (e.g., Court Order, Scheduling Order, Kentucky Rules of Civil Procedure), entered on [__/__/____].

3. This matter is assigned to the Honorable [________________________________], Division [____].

4. The matter is currently set for trial on [__/__/____].

5. The following prior extensions related to this deadline have been granted:

☐ No prior extensions have been granted for this deadline.

4. GROUNDS FOR EXTENSION

Movant seeks this enlargement of time 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, interview, or consultation

☐ Ongoing mediation or settlement negotiations that may resolve or narrow the 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 respond to recently filed motions or amended pleadings

☐ Other: [________________________________]

5. LEGAL STANDARD

A. CR 6.02 — Enlargement of Time

Kentucky Rules of Civil Procedure CR 6.02 provides:

"When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (a) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (b) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend the time for taking any action under Rules 50.02, 52.02, 59.02, 59.04, 59.05, 60.02, 72.02, 73.02 and 74 except to the extent and under the conditions stated in them."

B. Timing of This Motion

☐ This Motion is filed before the expiration of the current deadline. Movant demonstrates "cause shown" as required by CR 6.02(a).

☐ This Motion is filed after the expiration of the current deadline. Movant demonstrates "excusable neglect" as required by CR 6.02(b).

C. Kentucky Standard for "Cause Shown"

Enlargement under CR 6.02 is to be granted by the circuit court for cause shown, in the exercise of judicial discretion. Kentucky courts consider: (1) the reason for the request; (2) the movant's diligence; (3) prejudice to the opposing party; and (4) whether the extension will disrupt the trial schedule or the orderly administration of justice.

D. Kentucky Standard for Excusable Neglect

Under CR 6.02(b), "excusable neglect" requires a showing that the failure to act was not the product of the party's own carelessness, inattention, or willful disregard. Kentucky courts recognize that the circuit court must rule on a CR 6.02 motion for extension of time before entering a default or other adverse ruling. See AK Steel Corp. v. Carico, 2003 WL (Ky. 2003); Nickell v. Diversicare Mgmt. Serv., 336 S.W.3d 454 (Ky. App. 2011).

6. DETAILED STATEMENT OF GOOD CAUSE

[________________________________]

[Provide a detailed narrative of the specific circumstances warranting the extension. Address each of the factors Kentucky courts consider: reason for request, diligence, prejudice, and impact on trial schedule.]

Diligence of Movant

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

1. [________________________________]

2. [________________________________]

3. [________________________________]

7. 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 and not the result of carelessness, inattention, or willful disregard because:

[________________________________]

Movant acted promptly upon discovering the failure by:

[________________________________]

8. POSITION OF OPPOSING PARTY

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

☐ Opposing counsel consents to the requested enlargement of time.

☐ Opposing counsel does not oppose the requested enlargement of time.

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

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

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 enlargement.

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

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

4. The extension promotes resolution on the merits consistent with Kentucky's policy favoring adjudication on the substantive issues.

5. [________________________________]

10. IMPACT ON CASE SCHEDULE

☐ The requested enlargement will not require modification of the Court's existing Scheduling Order or other case management deadlines.

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

11. NON-EXTENDABLE DEADLINES — CR 6.02 LIMITATIONS

Movant acknowledges that CR 6.02 prohibits the Court from extending deadlines under the following Kentucky Rules of Civil Procedure: CR 50.02 (renewed motions for judgment as a matter of law), CR 52.02 (amendment of findings), CR 59.02 (time for serving motion for new trial), CR 59.04 (time for serving motion to alter or amend judgment), CR 59.05 (motion to alter, amend, or vacate), CR 60.02 (relief from judgment), CR 72.02 (time for appeal bond), CR 73.02 (time for filing notice of appeal), and CR 74 (cross-appeals), except to the extent and under the conditions stated therein. 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 Enlargement 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]

[________________________________], Kentucky [__________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

By: ________________________________________

[________________________________]
Attorney Name

Kentucky Bar Association No. [________________________________]

Counsel for [________________________________]

Date: [__/__/____]

14. CERTIFICATE OF CONFERRAL

I, [________________________________], counsel for Movant, hereby certify that on [__/__/____], I conferred with [________________________________], counsel for [________________________________], regarding this Motion for Enlargement of Time.

☐ 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.

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

________________________________________
[Attorney Name]

15. VERIFICATION (IF REQUIRED BY LOCAL RULE)

COMMONWEALTH OF KENTUCKY
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, State at Large, Kentucky
My Commission Expires: [__/__/____]
Notary ID: [________________________________]

16. PROPOSED ORDER

COMMONWEALTH OF KENTUCKY

[________________________________] CIRCUIT COURT

[____] JUDICIAL CIRCUIT

CIVIL ACTION NO. [________________________________]

ORDER GRANTING MOTION FOR ENLARGEMENT OF TIME

This matter comes before the Court on the Motion of [________________________________] for Enlargement of Time, filed on [__/__/____], pursuant to Kentucky Rules of Civil Procedure CR 6.02.

The Court, having reviewed the Motion and any responses thereto, and the Court being otherwise sufficiently advised, hereby finds that:

1. Cause has been shown for the requested enlargement 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 enlargement.

4. The enlargement will not unduly prejudice any party or disrupt the Court's docket.

IT IS HEREBY ORDERED that:

1. The Motion for Enlargement of Time is GRANTED.

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

3. All other deadlines previously set by the Court remain in full force and effect unless otherwise modified.

4. [________________________________]

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

________________________________________
Honorable [________________________________]
Judge, [________________________________] Circuit Court
[____] Judicial Circuit

17. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Enlargement of Time and Proposed Order was served upon all parties or their counsel of record by the following methods:

☐ Kentucky Court of Justice eFiling System (KYeCourts) — Electronic service on all registered counsel pursuant to CR 5.02

☐ Electronic Mail — Transmitted to the email addresses listed below

☐ United States Mail — First-class mail, postage prepaid, to the addresses listed below

☐ Hand Delivery — Delivered to the persons listed below

________________________________________
[Attorney Name]
Kentucky Bar Association No. [________________________________]

18. PRACTICE NOTES FOR KENTUCKY PRACTITIONERS

Key Rules

• CR 6.02 — Enlargement of Time: The primary rule governing extensions. Requests before expiration require "cause shown." Requests after expiration require "excusable neglect."

• CR 6.01 — Computation of Time: The day of the event triggering the period is excluded. The last day is included unless it falls on a Saturday, Sunday, or legal holiday recognized by KRS 2.110. When the period stated in days is 11 days or more, intermediate Saturdays, Sundays, and holidays are counted; when the period is less than 11 days, they are excluded.

• CR 5.02 — Service: Service through the Kentucky Court of Justice eFiling system (KYeCourts) constitutes valid service on all registered counsel. When service is by mail, three days are added to the prescribed period under CR 6.05.

• CR 78 — Motion Practice: Under CR 78(2), a circuit court may promulgate a local rule providing for submission and determination of a motion without oral hearing. Some circuits grant motions routinely within 10 days of filing unless a response is received.

Default Judgment Protection

Kentucky courts have held that a circuit court must rule on a pending CR 6.02 motion for extension of time before entering a default judgment. It is an abuse of discretion for the court to enter default without addressing the extension request. See AK Steel Corp. v. Carico (Ky. 2003).

Non-Extendable Deadlines

The following deadlines cannot be extended under CR 6.02:

• CR 50.02 — Renewed motions for judgment as a matter of law
• CR 52.02 — Amendment of findings
• CR 59.02 — Time for serving motion for new trial
• CR 59.04 — Time for motion to alter or amend judgment
• CR 59.05 — Motion to alter, amend, or vacate
• CR 60.02 — Relief from judgment
• CR 72.02 — Time for appeal bond
• CR 73.02 — Time for filing notice of appeal
• CR 74 — Cross-appeals

Local Circuit Court Rules

Kentucky circuit courts may adopt local rules governing motions practice. Common local rule provisions include:

• Requirements for tendering proposed orders with motions
• Specific formatting and page limit requirements
• Conferral requirements before filing contested motions
• Procedures for submission without hearing

Always check the local rules for the specific circuit court and division before filing. Local rules are available through the Kentucky Court of Justice website.

Three-Day Mail Rule — CR 6.05

When service is made by mail under CR 5.02, three additional days are added to the prescribed period for response or action.

Sources and References

• Kentucky Rules of Civil Procedure CR 6.02 — Enlargement of Time
• Kentucky Rules of Civil Procedure CR 5.02 — Service
• Kentucky Rules of Civil Procedure CR 78 — Motion Practice
• Kentucky Court of Justice — Rules of Practice and Procedure: https://www.kycourts.gov
• Kentucky Court of Justice eFiling System (KYeCourts): https://efiling.kycourts.gov
• AK Steel Corp. v. Carico (Ky. 2003) (default judgment protection with pending CR 6.02 motion)
• Nickell v. Diversicare Mgmt. Serv., 336 S.W.3d 454 (Ky. App. 2011) (CR 6.02 standards)
• KRS 2.110 (Kentucky legal holidays for computation purposes)