MOTION FOR EXTENSION OF TIME

Massachusetts Superior Court

IMPORTANT PRACTICE NOTES FOR MASSACHUSETTS PRACTITIONERS

Governing Rule: Mass. R. Civ. P. 6(b) governs enlargement of time in Massachusetts courts. The rule provides:

1. Before Deadline Expiration: The court may enlarge time "for cause shown" either with or without motion or notice, if the request is made before the expiration of the period originally prescribed or as extended by a previous order.

2. After Deadline Expiration: The court may permit the act to be done "upon motion made after the expiration of the specified period" where the failure to act was the result of "excusable neglect."

3. Ex Parte Enlargement: An order enlarging time may be made on ex parte application for cause shown, but courts generally prefer motions to be served on all parties.

Non-Extendable Deadlines: Rule 6(b) does not allow the court to extend the time for taking any action under Rules 50(b), 52(b), 59(b), 59(d), 59(e), and 60(b), except to the extent and under the conditions stated in those rules.

Superior Court Rule 9A — Motion Practice: Nearly all civil motions in the Superior Court are governed by Rule 9A, which prescribes specific formatting, filing, and hearing requirements for the "Rule 9A Package." Practitioners must comply with these requirements when filing extension motions.

Superior Court Rule 9C — Mandatory Conferral: Rule 9C requires that counsel for each party confer in advance of filing any motion (with limited exceptions) and make a good-faith effort to narrow areas of disagreement. The motion must include a certification of conferral compliance.

Additional Time After Service: Under Mass. R. Civ. P. 6(d), when papers are served by mail, email, or otherwise electronically, three (3) additional days are added to any response period.

Massachusetts-Specific Terminology: Massachusetts courts use "ALLOWED" rather than "GRANTED" in orders. Judges in the Superior Court are titled "Justice" rather than "Judge."

Electronic Filing: Massachusetts Superior Court uses the eFileMA system for electronic filing.

Court Departments: Massachusetts trial courts include the Superior Court Department, District Court Department, BMC, Probate and Family Court, Housing Court, Land Court, and Juvenile Court. This template is designed primarily for the Superior Court Department. Modify as needed for other departments.

CAPTION

COMMONWEALTH OF MASSACHUSETTS

[________________________________], SS. SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT

DOCKET NO. [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

RULE 9C CERTIFICATION

Pursuant to Superior Court Rule 9C, undersigned counsel certifies that on [__/__/____], counsel conferred with counsel for [________________________________] by [☐ telephone / ☐ email / ☐ in-person meeting] in a good-faith effort to narrow or resolve the issues presented in this motion. As a result of this conferral:

☐ [Non-Movant] assents to the relief requested in this motion.

☐ [Non-Movant] does not oppose the relief requested.

☐ [Non-Movant] opposes the relief requested. The parties were unable to resolve their disagreement despite good-faith efforts.

☐ Counsel was unable to confer with [Non-Movant] despite diligent efforts on [__/__/____] and [__/__/____] by [________________________________].

MOTION FOR EXTENSION OF TIME

[________________________________] ("Movant"), by and through undersigned counsel, respectfully moves this Honorable Court pursuant to Mass. R. Civ. P. 6(b) for an order enlarging the time for [________________________________] from [__/__/____] to [__/__/____], and in support thereof states:

I. INTRODUCTION AND PROCEDURAL HISTORY

1. This civil action was commenced on [__/__/____] in the Superior Court Department, [________________________________] County.

2. This matter is currently before the Honorable [________________________________], Justice of the Superior Court.

3. The Court's [☐ Scheduling Order / ☐ Tracking Order / ☐ Case Management Order / ☐ Other Order] dated [__/__/____] established a deadline of [__/__/____] for [________________________________].

4. The current deadline [☐ has not yet expired / ☐ expired on [__/__/____]].

5. Trial is currently scheduled for [__/__/____]. The requested extension will not affect the trial date.

6. This case is on the [☐ Average / ☐ Fast / ☐ Accelerated] track pursuant to Superior Court Standing Order 1-88 (Time Standards).

II. IDENTIFICATION OF DEADLINE SOUGHT TO BE EXTENDED

7. Movant requests enlargement of the following deadline:

III. GROUNDS FOR EXTENSION

8. The extension is necessary for the following reasons (check all that apply):

☐ Volume and complexity of discovery requiring additional time for review and analysis

☐ Recent production of documents by opposing party or third party

☐ Expert witness scheduling conflict or need for supplemental expert evaluation

☐ Complexity of legal issues requiring further research and briefing

☐ Illness, medical emergency, or unavailability of counsel, party, or key witness

☐ Ongoing mediation, conciliation, or settlement discussions

☐ Coordination required among multiple parties or co-counsel

☐ Newly discovered evidence or facts requiring investigation

☐ Court scheduling conflict or continuance of related proceedings

☐ Substitution of counsel or addition of new counsel requiring preparation time

☐ Delays in third-party subpoena compliance or records production under Mass. R. Civ. P. 45

☐ Pending ruling on dispositive motion (e.g., Mass. R. Civ. P. 12(b)(6) or 56) that may affect the deadline

☐ Other: [________________________________]

9. Detailed statement of reasons: [________________________________]

IV. CAUSE SHOWN / EXCUSABLE NEGLECT

A. Pre-Expiration Request (Cause Shown Standard — Mass. R. Civ. P. 6(b)(1))

10. Cause exists for enlargement based on the following:

a. Specific Circumstances: [________________________________]

b. Diligence of Movant: Movant and counsel have diligently worked to meet the current deadline, including:

(i) [________________________________]

(ii) [________________________________]

(iii) [________________________________]

c. Unforeseen Circumstances: The need for additional time arose from circumstances not reasonably foreseeable when the deadline was set: [________________________________]

d. Minimum Extension: The proposed extension of [____] days is the minimum additional time necessary to [________________________________].

B. Post-Expiration Request (Excusable Neglect Standard — Mass. R. Civ. P. 6(b)(2))

11. If the deadline has already passed, Movant demonstrates excusable neglect:

a. Reason for Failure to Act: [________________________________]

b. Duration of Delay: The deadline expired [____] days ago on [__/__/____].

c. Good Faith: The missed deadline was not the product of bad faith, deliberate strategy, or willful disregard, but rather: [________________________________]

d. Prejudice to Non-Movant: The delay has caused no material prejudice because: [________________________________]

e. Meritorious Position: Movant maintains a meritorious [☐ claim / ☐ defense] as evidenced by: [________________________________]

f. Prompt Remedial Action: Upon discovering the missed deadline, Movant immediately: [________________________________]

V. ABSENCE OF PREJUDICE

12. Enlargement of time will not cause prejudice to [________________________________] ("Non-Movant") because:

a. ☐ The trial date of [__/__/____] will not be affected.

b. ☐ The case will remain within the applicable time standards under Standing Order 1-88.

c. ☐ No other scheduling order deadlines require modification.

d. ☐ Non-Movant's case preparation will not be impaired.

e. ☐ No depositions, hearings, or other proceedings need to be rescheduled.

f. ☐ The extension sought is brief ([____] days) and proportionate to the need.

g. ☐ Non-Movant [☐ assents / ☐ does not oppose] the extension per the Rule 9C certification above.

h. ☐ Massachusetts courts prefer to decide cases on the merits rather than on procedural defaults.

i. ☐ Other: [________________________________]

VI. PRIOR EXTENSION REQUESTS

13. Movant discloses the following extension history:

☐ No prior extensions have been requested by Movant in this action.

☐ Prior extensions were requested as follows:

VII. CONFERRAL WITH OPPOSING COUNSEL (Rule 9C Compliance)

14. In compliance with Superior Court Rule 9C:

☐ On [__/__/____], Movant's counsel conferred with opposing counsel, [________________________________], by [☐ telephone / ☐ email / ☐ in-person meeting] and made a good-faith effort to resolve or narrow the issues. Opposing counsel [☐ assents / ☐ does not oppose / ☐ opposes] the extension.

☐ Movant's counsel made diligent efforts to confer with opposing counsel on [__/__/____] and [__/__/____] by [________________________________] but was unable to reach counsel. Documentation is attached as Exhibit [____].

☐ The opposing party is self-represented. Movant communicated the request to the opposing party on [__/__/____] by [________________________________].

15. If opposing counsel opposes, the specific grounds stated: [________________________________]

16. Movant's response to the opposition: [________________________________]

VIII. PROPOSED SCHEDULE

17. Movant proposes the following schedule:

IX. LEGAL AUTHORITY

18. Mass. R. Civ. P. 6(b) 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 (1) 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 (2) 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."

19. Massachusetts courts have consistently held that the rules of civil procedure should be construed to "secure the just, speedy and inexpensive determination of every action." Mass. R. Civ. P. 1. Courts prefer to resolve cases on the merits, and procedural defaults should not deprive a party of its day in court when no prejudice results.

20. The determination of whether to allow an extension of time is committed to the sound discretion of the trial court. See Gallagher v. Goldstein, 402 Mass. 457, 459 (1988) (holding that the trial court has broad discretion in managing its docket, including the grant or denial of extensions).

21. In evaluating excusable neglect, Massachusetts courts consider the totality of the circumstances, including: (a) the danger of prejudice to the opposing party; (b) the length of the delay and its impact on proceedings; (c) the reason for the delay; and (d) whether the party acted in good faith.

22. Superior Court Rule 9A governs motion practice in the Superior Court. The Rule 9A Package for this motion consists of: (a) this Motion; (b) the Rule 9C Certification; (c) a Memorandum of Law (if required by the court or complexity warrants); and (d) the Proposed Order.

23. Superior Court Rule 9C requires that "counsel for each of the parties shall confer in advance of filing any motion... and make a good faith effort to narrow areas of disagreement to the fullest extent." The certification above satisfies this requirement.

X. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Court:

a. ALLOW this Motion for Extension of Time and enlarge the deadline for [________________________________] from [__/__/____] to [__/__/____];

b. Modify the scheduling or tracking order as proposed in Section VIII, if necessary;

c. Grant such other and further relief as the Court deems just and appropriate.

SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
By [☐ his / ☐ her / ☐ their] attorneys,

[________________________________] (Law Firm Name)
[________________________________] (Street Address)
[________________________________], Massachusetts [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
[________________________________]
BBO No. [________________________________]
Counsel for [☐ Plaintiff / ☐ Defendant]
[________________________________]

Dated: [__/__/____]

AFFIDAVIT OF COUNSEL IN SUPPORT OF MOTION

COMMONWEALTH OF MASSACHUSETTS

[________________________________], SS.

I, [________________________________], being duly sworn, depose and state:

1. I am a member of the Massachusetts Bar, BBO No. [________________________________], and counsel of record for [________________________________] in this action.

2. The facts stated in the foregoing Motion for Extension of Time are true and correct to the best of my knowledge, information, and belief.

3. I have personally reviewed the applicable deadlines and scheduling order in this case.

4. The extension is sought in good faith, not for the purpose of delay or to gain unfair advantage.

5. The conferral efforts described in the Rule 9C Certification and Section VII are accurate and complete.

6. [Additional supporting facts: ________________________________]

________________________________________
[________________________________]
BBO No. [________________________________]

Signed under the penalties of perjury this [____]
day of [________________________________], 20[____].

PROPOSED ORDER

COMMONWEALTH OF MASSACHUSETTS

[________________________________], SS. SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT

DOCKET NO. [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

ORDER ON MOTION FOR EXTENSION OF TIME

After consideration of [Movant]'s Motion for Extension of Time
and the Rule 9C Certification, and [☐ after hearing / ☐ upon the
papers], the Court finds:

☐ Cause has been shown for the requested enlargement of time.
☐ Excusable neglect has been demonstrated.
☐ The opposing party will not be prejudiced.
☐ The case will remain within applicable time standards.

It is therefore ORDERED:

1. The Motion for Extension of Time is ☐ ALLOWED / ☐ DENIED.

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

3. All other deadlines remain in effect unless otherwise ordered.

4. ☐ The following additional modifications are ordered:
   [________________________________]

5. ☐ Other: [________________________________]

Dated: __________________________, 20_____

________________________________________
[________________________________]
Justice of the Superior Court

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true copy of the foregoing MOTION FOR EXTENSION OF TIME, RULE 9C CERTIFICATION, AFFIDAVIT OF COUNSEL, and PROPOSED ORDER was filed with the Clerk of the Superior Court and served upon all parties and counsel of record as follows:

Method of Filing: ☐ eFileMA Electronic Filing System

Parties Served:

Service was made in accordance with Mass. R. Civ. P. 5(b). Pursuant to Mass. R. Civ. P. 6(d), if service was made by mail or electronic means, three (3) additional days are added to any response period.

Signed under the penalties of perjury this
[____] day of [________________________________], 20[____].

________________________________________
[________________________________]
BBO No. [________________________________]

PRACTICE GUIDANCE FOR MASSACHUSETTS EXTENSION MOTIONS

Rule 9A Compliance Checklist

The Superior Court Rule 9A Package for an extension motion includes:
- ☐ Motion for Extension of Time
- ☐ Rule 9C Certification (conferral)
- ☐ Memorandum of Law (if needed — often not required for routine extensions)
- ☐ Supporting affidavit or declaration
- ☐ Proposed Order
- ☐ Certificate of Service

Rule 9C Conferral Requirements

• Conferral must occur before filing — not concurrently.
• The conference must be by telephone or in person (email alone may be insufficient in some courts, though practice has evolved).
• The certification must state whether the opposing party assents, does not oppose, or opposes.
• If unable to confer, document all attempts and explain in the certification.

Massachusetts-Specific Considerations

• Terminology: Massachusetts uses "ALLOWED" (not "GRANTED") and "Justice" (not "Judge") in the Superior Court.
• BBO Number: Always include your Board of Bar Overseers (BBO) number on all filings.
• Perjury Language: Massachusetts uses "signed under the penalties of perjury" rather than traditional notarized affidavits (though both are accepted).
• Time Standards: Superior Court Standing Order 1-88 sets time standards for different case tracks. Extensions should not push the case outside these standards without good reason.
• County Variations: Each county's Superior Court may have local practices regarding motion schedules and hearing procedures. Major counties include Suffolk, Middlesex, Worcester, Norfolk, Essex, and Plymouth.

Timing Considerations

• File the motion before the deadline expires. The "cause shown" standard is more favorable than "excusable neglect."
• Under Rule 9A(a), oppositions to motions must be filed within 10 days of service of the motion, and replies within 4 days of service of the opposition.
• Assented-to motions may be ruled upon without a hearing, significantly expediting the process.
• When the extension is assented to, mark the motion as "Assented-To" prominently in the caption.

E-Filing Notes

• Massachusetts Superior Courts use eFileMA for electronic filing
• Upload each document (motion, proposed order, affidavit) as a separate filing
• Verify correct docket number and court department before submitting
• Service through eFileMA satisfies electronic service requirements

Sources and References

• Mass. R. Civ. P. 6 — Time
• Superior Court Rule 9A — Civil Motions
• Superior Court Rule 9C — Conferral Requirement
• Superior Court Rule 9A Road Map
• Massachusetts Superior Court Rules and Orders (PDF)
• Continuing Confusion Concerning Massachusetts Superior Court Rules 9A and 9C — Boston Bar Association
• Gallagher v. Goldstein, 402 Mass. 457 (1988)