Maryland Circuit Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

CAPTION

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

(For Baltimore City, use "IN THE CIRCUIT COURT FOR BALTIMORE CITY" — Baltimore City is not a county, and its circuit court caption omits "County.")

MOTION FOR EXTENSION OF TIME

COMES NOW [________________________________] ("Movant"), by and through undersigned counsel, and respectfully moves this Honorable Court, pursuant to Maryland Rule 1-204, for an Order extending the time within which Movant is required to [________________________________] (the "Deadline"), and in support thereof states as follows:

I. INTRODUCTION AND IDENTIFICATION OF DEADLINE

1. This action was filed on [__/__/____] and is presently assigned to the Honorable [________________________________].

2. Movant seeks an extension of the deadline for: [________________________________]

3. The current deadline was established by:

☐ Court Order dated [__/__/____]
☐ Scheduling Order entered pursuant to Md. Rule 2-504 dated [__/__/____]
☐ Maryland Rules of Procedure (specify rule): [________________________________]
☐ Stipulation of the parties dated [__/__/____]
☐ Other: [________________________________]

4. The current deadline is: [__/__/____]

5. The proposed new deadline is: [__/__/____]

6. The total additional time requested is: [____] days.

II. PROCEDURAL HISTORY

7. This case was filed on [__/__/____].

8. A scheduling order was entered on [__/__/____], setting the following relevant deadlines:

9. The requested extension ☐ will / ☐ will not affect any other deadline in the scheduling order.

III. PRIOR EXTENSIONS

10. The number of prior extensions requested by Movant for this same deadline: [____]

11. The number of prior extensions granted by the Court for this same deadline: [____]

12. ☐ This is the first request for an extension of this deadline.
    ☐ Prior extensions were granted as follows: [________________________________]

IV. GROUNDS FOR EXTENSION

13. Good cause exists for the requested extension based on the following circumstances (check all that apply):

☐ Complexity of the issues involved in the required filing or act
☐ Volume of discovery materials requiring review (approximately [____] pages/documents)
☐ Necessity of obtaining and reviewing additional discovery
☐ Unavailability of key witnesses for deposition or consultation
☐ Ongoing settlement negotiations between the parties
☐ Need to obtain and review expert opinions or reports
☐ Illness or medical emergency of counsel or party
☐ Counsel's unavoidable schedule conflict (specify): [________________________________]
☐ Recent substitution or addition of counsel
☐ Third-party records or subpoena responses pending
☐ Intervening court rulings affecting the matter
☐ Other good cause: [________________________________]

14. Specific factual basis for the requested extension:

[________________________________]
[________________________________]
[________________________________]

V. LEGAL STANDARD

15. Maryland Rule 1-204(a) provides that the court may, for cause shown, extend the time within which an act is required to be done under the Maryland Rules or by court order. Specifically, Rule 1-204(a) states:

"[T]he court, on motion of any party and for cause shown, may (1) shorten the period remaining, (2) extend the period if the motion is filed before the expiration of the period originally prescribed or extended by a previous order, or (3) on motion filed after the expiration of the specified period, permit the act to be done if the failure to act was the result of excusable neglect."

16. When the time period has not yet expired, the movant need only demonstrate that "cause" exists for the extension. Where the deadline has already passed, the movant must instead show that the failure to act was the result of excusable neglect. See Md. Rule 1-204(a)(3).

17. Maryland courts consider the following factors in evaluating requests to extend a scheduling-order deadline:

a. The diligence of the moving party in attempting to comply with the original deadline, and whether the party has substantially complied with the scheduling order;
b. The potential prejudice to the non-moving party from the requested extension;
c. The impact of the extension on the orderly and efficient administration of justice;
d. Whether the extension will necessitate a continuance of the trial date or other scheduled proceedings;
e. The length of the extension requested; and
f. Whether the movant has previously been granted extensions.

See Md. Rule 2-504(c) (scheduling order "shall be modified by the court to prevent injustice"); Asmussen v. CSX Transportation, Inc., 247 Md. App. 529 (2020) (modification of a scheduling-order deadline requires a showing of substantial compliance with the order and good cause for the deviation; a failure resulting from an "indefensible lack of diligence" does not warrant relief).

18. Under Maryland Rule 2-311(b), a response to a motion must generally be filed within 15 days after service. However, no response is required to a motion filed pursuant to Rule 1-204. See Md. Rule 2-311(b).

VI. ARGUMENT IN SUPPORT

A. Good Cause Exists for the Extension

19. [________________________________]

20. Movant has exercised diligence in attempting to meet the current deadline, including:
    [________________________________]
    [________________________________]

B. No Prejudice to Non-Moving Party

21. Granting the requested extension will not prejudice [________________________________] ("Non-Movant") because:

☐ The trial date of [__/__/____] will not be affected
☐ No other scheduling order deadlines will be impacted
☐ Non-Movant will have adequate time to respond to any filing made under the extended deadline
☐ Non-Movant has consented to the extension
☐ The extension is modest in duration ([____] days)
☐ Other: [________________________________]

C. The Extension Serves the Interests of Justice

22. The requested extension will promote the fair and efficient resolution of this action by allowing Movant to [________________________________], which will [________________________________].

VII. POSITION OF OPPOSING PARTY

23. As a matter of recommended practice — the Maryland Rules do not impose a statewide conferral requirement for motions of this kind (compare Md. Rule 2-431, which requires a certification of good-faith conferral only for discovery motions) — undersigned counsel has conferred with counsel for the opposing party regarding this motion. Counsel should verify whether the assigned circuit court's local rules or the individual judge's chambers procedures independently require conferral before filing.

24. ☐ Opposing counsel consents to the requested extension.
    ☐ Opposing counsel does not oppose the requested extension.
    ☐ Opposing counsel opposes the requested extension.
    ☐ Opposing counsel has not responded to the conferral request as of the date of this filing.

25. Date of conferral: [__/__/____]

26. Method of conferral:
    ☐ Telephone
    ☐ Email
    ☐ In person
    ☐ Written correspondence

27. If opposition exists, opposing counsel's stated basis for objection is: [________________________________]

VIII. CERTIFICATE OF CONFERRAL

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

☐ Opposing counsel consented to the extension.
☐ Opposing counsel did not oppose the extension.
☐ Opposing counsel opposed the extension for the following stated reasons: [________________________________]
☐ Despite good-faith efforts, I was unable to confer with opposing counsel. I attempted to confer on the following dates and by the following means: [________________________________]

Signature: [________________________________]
Date: [__/__/____]

IX. DECLARATION OF GOOD CAUSE

I, [________________________________], hereby declare under penalty of perjury under the laws of the State of Maryland that:

1. I am the ☐ Movant / ☐ Attorney for the Movant in this action.

2. The facts stated in this Motion are true and correct to the best of my knowledge, information, and belief, formed after reasonable inquiry.

3. This motion is made in good faith and not for any improper purpose, including but not limited to delay, harassment, or increasing the cost of litigation.

4. Good cause exists for the requested extension as set forth herein.

5. I understand that making a false declaration subjects me to penalties under Maryland law.

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

X. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Honorable Court enter an Order:

1. Extending the deadline for [________________________________] from [__/__/____] to [__/__/____];

2. Directing that all other scheduling order deadlines remain in effect unless otherwise modified by the Court; and

3. Granting such other and further relief as this Court deems just and proper.

SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Maryland [________] (City, Zip)
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
[________________________________]
Maryland Attorney No. [________________________________]
Counsel for [________________________________]

Date: [__/__/____]

PROPOSED ORDER

IN THE CIRCUIT COURT FOR [________________________________] COUNTY, MARYLAND

ORDER GRANTING MOTION FOR EXTENSION OF TIME

Upon consideration of [________________________________]'s Motion for Extension of Time filed on [__/__/____], any opposition thereto, and good cause having been shown pursuant to Maryland Rule 1-204, it is hereby:

ORDERED, that the Motion for Extension of Time is GRANTED; and it is further

ORDERED, that the deadline for [________________________________] is hereby extended from [__/__/____] to [__/__/____]; and it is further

ORDERED, that all other scheduling order deadlines and the trial date of [__/__/____] shall remain in full force and effect unless modified by further Order of this Court.

SO ORDERED this _______ day of ____________________, 20____.

________________________________________
The Honorable [________________________________]
Judge, Circuit Court for [________________] County

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], the foregoing Motion for Extension of Time and Proposed Order were filed through the Maryland Electronic Courts (MDEC) system, which will provide electronic notification to all registered users in accordance with Maryland Rule 20-205.

In addition, a copy was served by the following means upon:

________________________________________
[________________________________]
Maryland Attorney No. [________________________________]

PRACTICE NOTES FOR MARYLAND PRACTITIONERS

Key Maryland-Specific Considerations

1. MDEC Filing: All Maryland circuit courts now use the Maryland Electronic Courts (MDEC) system for electronic filing. Motions must be filed through MDEC in accordance with Title 20 of the Maryland Rules. See Md. Rule 20-201.

2. No Response Required: Under Md. Rule 2-311(b), no response is required to a motion filed pursuant to Rule 1-204. The opposing party may file a response, but failure to do so does not constitute consent.

3. Scheduling Order Modifications: If the extension would require modification of a scheduling order entered under Md. Rule 2-504, the motion should specifically address why modification is warranted and whether the trial date or other deadlines would be affected.

4. Pre-Expiration vs. Post-Expiration: Rule 1-204(a) distinguishes between requests made before and after the deadline has passed. A pre-expiration request need only show cause under subsection (a)(2); a post-expiration request must instead show that the failure to act was the result of excusable neglect under subsection (a)(3).

5. Local Rules: Individual circuit courts may have supplemental local rules governing motions practice. Counsel should verify compliance with local rules for the specific county where the case is pending.

6. Certificate of Service: Under Md. Rule 1-321, all papers required to be served must be accompanied by a certificate of service. The certificate must state the date and manner of service.

7. Time Computation: Under Md. Rule 1-203, when computing time periods, the day of the event triggering the period is excluded. If the last day falls on a Saturday, Sunday, or legal holiday, the period extends to the next business day.

Sources and References

• Maryland Rule 1-204 — Extension of Time
• Maryland Rule 2-311 — Motions (Response Requirements)
• Maryland Rule 1-301 — Form of Court Papers
• Maryland Rule 1-322 — Filing of Pleadings, Papers, and Other Items
• Maryland Rule 2-504 — Scheduling Order
• Maryland Rule 20-201 et seq. — Maryland Electronic Courts (MDEC)
• Maryland Rule 20-205 — MDEC Service of Process
• Maryland Rule 1-203 — Time Computation
• Maryland Rule 1-321 — Service of Pleadings and Papers Other Than Original Pleadings
• Asmussen v. CSX Transportation, Inc., 247 Md. App. 529 (2020)
• Maryland Judiciary Website: https://www.mdcourts.gov