0. ATTORNEY VALIDATION CERTIFICATE
I, [Attorney Name], certify that I have reviewed the current statutes, statewide procedural rules, and local rules governing deadline modifications in this matter on [REVIEW_DATE]; that the factual statements in this motion are accurate to the best of my knowledge; that applicable notice or conferral requirements have been satisfied or will be satisfied as represented below; and that I approve this motion for filing on behalf of [Client Name].
Signature: _____ Date: ___
Printed Name: _____ Bar No.: ____
MOTION FOR EXTENSION OF TIME
(Commonwealth of Massachusetts, Superior Court Department)
1. CAPTION
text
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS. SUPERIOR COURT DEPARTMENT
DOCKET NO. [DOCKET_NUMBER]
[PLAINTIFF_NAME],
Plaintiff,
v.
[DEFENDANT_NAME],
Defendant.
2. RULE 9C CERTIFICATION
Pursuant to Superior Court Rule 9C, undersigned counsel certifies that [he/she/they] conferred with counsel for [Non-Movant] on [DATE]. [Non-Movant] [assents / does not oppose / opposes] this motion.
3. MOTION
[Movant] respectfully moves under Mass. R. Civ. P. 6(b) for an extension of time to [describe act], extending the current deadline of [CURRENT_DEADLINE] to [PROPOSED_NEW_DEADLINE].
4. FACTUAL GROUNDS
- The Court’s [order/scheduling order] dated [ORDER_DATE] set the deadline at issue.
- [Movant] has diligently [describe actions], including [FACT_DETAIL].
- Despite diligence, additional time is needed because [REASONS].
- The requested extension will not affect the current trial date of [TRIAL_DATE] or other scheduled events.
5. LEGAL STANDARD
Rule 6(b) permits enlargement of time for good cause when sought before expiration, and upon a showing of excusable neglect when filed afterward. Massachusetts courts prefer deciding cases on the merits when no party suffers unfair prejudice.
6. ARGUMENT
- Good Cause/Excusable Neglect. [Detail the circumstances supporting relief].
- Diligence. [Outline the steps taken to comply].
- Absence of Prejudice. Granting the extension will not prejudice [Non-Movant] and promotes efficient resolution.
7. REQUEST FOR RELIEF
WHEREFORE, [Movant] requests that the Court extend the deadline for [describe act] to [PROPOSED_NEW_DEADLINE] and grant such other relief as the Court deems appropriate.
8. PROPOSED ORDER
text
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS. SUPERIOR COURT DEPARTMENT
DOCKET NO. [DOCKET_NUMBER]
[PLAINTIFF_NAME],
Plaintiff,
v.
[DEFENDANT_NAME],
Defendant.
ORDER ON MOTION FOR EXTENSION OF TIME
Upon consideration of [Movant]'s Motion for Extension of Time, it is ORDERED that the motion is ALLOWED. The deadline for [describe act] is extended to [PROPOSED_NEW_DEADLINE]. All other deadlines remain in effect.
Dated: ______, [YEAR]
Justice of the Superior Court
9. SIGNATURE BLOCK
text
Respectfully submitted,
[LAW_FIRM_NAME]
[STREET_ADDRESS]
[City], Massachusetts [ZIP]
Telephone: [PHONE]
Email: [EMAIL]
By: ______
[ATTORNEY_NAME] (BBO # [BBO_NUMBER])
Counsel for [MOVING_PARTY_NAME]
Date: ____, [YEAR]
10. CERTIFICATE OF SERVICE
I certify that on [SERVICE_DATE] the foregoing was filed via eFileMA and served on all counsel of record pursuant to Mass. R. Civ. P. 5(b). Copies were also served by [method] upon:
| Name | Address/Email | Method |
|---|---|---|
| [RECIPIENT_NAME] | [CONTACT_INFORMATION] | [SERVICE_METHOD] |
[ATTORNEY_NAME]
11. SAMPLE GOOD CAUSE NARRATIVE (TAILOR BEFORE FILING)
On March 12, 2024, [Movant] received 3,400 pages of supplemental records from a third-party provider. The materials revealed new witnesses and data points requiring expert analysis. [Movant] immediately retained the appropriate expert, who was first available on [EXPERT_MEETING_DATE], and coordinated with opposing counsel to schedule any follow-up discovery. Absent a short extension of the current [CURRENT_DEADLINE] to [PROPOSED_NEW_DEADLINE], [Movant] cannot incorporate the new information into required submissions. Opposing counsel was contacted on [CONFERRAL_DATE] but declined to stipulate, identifying no concrete prejudice beyond a preference to maintain the existing schedule.
12. MITIGATION COMMITMENT TEMPLATE
- Maintain the existing trial or dispositive motion dates unless the Court directs otherwise.
- Produce all outstanding discovery or supplemental disclosures no later than [COMMITMENT_DATE].
- Offer supplemental deposition or interview availability for affected witnesses during [DATE_RANGE] at [LOCATION].
- Provide a status update letter to the Court and opposing counsel within [STATUS_UPDATE_WINDOW] days of the new deadline.