Maine State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

State of Maine — Superior Court

1. CASE CAPTION

STATE OF MAINE

MOTION FOR EXTENSION OF TIME TO [________________________________]

2. INTRODUCTION

NOW COMES [________________________________] ("Movant"), [Plaintiff / Defendant] in the above-captioned action, by and through [his/her/their] attorney, [________________________________], and respectfully moves this Court pursuant to Maine Rule of Civil Procedure 6(b) for an order extending the time within which to [________________________________].

3. CURRENT DEADLINE AND PROPOSED EXTENSION

Timing of This Motion

☐ This Motion is filed before the expiration of the current deadline. The standard under M.R. Civ. P. 6(b)(1) is "cause shown."

☐ This Motion is filed after the expiration of the current deadline. The standard under M.R. Civ. P. 6(b)(2) is "excusable neglect." Movant provides the following explanation for the late filing: [________________________________]

4. NUMBER OF PRIOR EXTENSIONS

☐ No prior extensions have been granted in this matter for the same or similar deadline.

☐ [____] prior extension(s) have been granted as follows:

5. FACTUAL BASIS FOR EXTENSION

In support of this Motion, Movant represents the following:

1. This action was commenced on [__/__/____] and is currently governed by the Court's scheduling order entered [__/__/____].

2. The current deadline requires Movant to [________________________________] by [__/__/____].

3. An extension is necessary because (check all that apply and provide supporting facts):

☐ Volume and complexity of discovery — [________________________________]

☐ Recently produced documents or information — On [__/__/____], Movant received [________________________________], consisting of approximately [____] pages/documents, which require review and analysis before the filing can be completed.

☐ Expert witness scheduling — Movant's expert, [________________________________], is unavailable until [__/__/____] due to [________________________________].

☐ Counsel scheduling conflict — Undersigned counsel [has a trial / is engaged in] [________________________________] during the period [__/__/____] through [__/__/____].

☐ Ongoing settlement negotiations — The parties are actively engaged in settlement discussions, and an extension would facilitate resolution without unnecessary expenditure of time and resources.

☐ Third-party records or subpoena responses pending — Movant served a subpoena on [________________________________] on [__/__/____], and the response is not yet received despite follow-up on [__/__/____].

☐ Illness or medical emergency — [________________________________]

☐ Newly retained counsel — Movant recently retained new counsel on [__/__/____], who requires reasonable time to review the file and prepare the necessary filing.

☐ Other: [________________________________]

4. Movant has diligently pursued compliance with the current deadline, including the following specific steps: [________________________________]

5. Movant became aware of the need for an extension on [__/__/____] and filed this Motion promptly thereafter.

6. LEGAL STANDARD

A. Maine Rule of Civil Procedure 6(b)

Rule 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.

The rule does not permit extensions for actions under Rules 50(b), 52(b), 59(b), (d), and (e), and 60(b), except as those rules specifically provide.

B. Applicable Standard

☐ Cause Shown (pre-deadline motion): When the motion is filed before the deadline expires, Rule 6(b)(1) authorizes the court, "for cause shown," to enlarge the time "with or without motion or notice." The decision whether to grant or deny an enlargement of time is committed to the trial court's discretion and is reviewed only for abuse of discretion. M.R. Civ. P. 6(b)(1); see Johnson v. Carleton, 2001 ME 12, ¶ 10, 765 A.2d 571, 574-75 (Law Ct.).

☐ Excusable Neglect (post-deadline motion): When the motion is filed after the deadline has passed, the movant must demonstrate that the failure to act was the result of "excusable neglect." M.R. Civ. P. 6(b)(2). The excusable-neglect standard is a strict one, met only where there are extraordinary circumstances that would work an injustice. See Johnson v. Carleton, 2001 ME 12, ¶¶ 7, 10, 765 A.2d 571, 574 (Law Ct.); Casco Bay Island Transit Dist. v. Pub. Util. Comm'n, 528 A.2d 448, 451 (Me. 1987); City of Portland v. Gemini Concerts, Inc., 481 A.2d 180, 182 (Me. 1984).

7. ARGUMENT

A. Cause Exists for the Requested Extension

[________________________________]

[________________________________]

[________________________________]

B. Movant Has Acted with Diligence

Movant has diligently pursued this matter throughout the litigation, including:

1. [________________________________]
2. [________________________________]
3. [________________________________]

C. No Prejudice to Opposing Party

The requested extension of [____] days will not prejudice [________________________________] because:

1. The current trial date of [__/__/____] remains unaffected by this extension.

2. [________________________________] will have adequate time to respond to whatever filing results from the extended deadline.

3. No depositions, hearings, or other deadlines are implicated by this extension.

4. [________________________________]

D. The Extension Serves the Interests of Justice

Granting this Motion will promote the just, efficient resolution of this matter by ensuring that [________________________________]. Denying the Motion would [________________________________].

8. CONFERRAL WITH OPPOSING COUNSEL

Pursuant to the Court's expectations regarding motion practice, undersigned counsel certifies:

☐ On [__/__/____], undersigned counsel conferred with [________________________________], counsel for [________________________________], who consents to this Motion. A proposed stipulated order is attached.

☐ On [__/__/____], undersigned counsel conferred with [________________________________], counsel for [________________________________], who does not oppose this Motion.

☐ On [__/__/____], undersigned counsel conferred with [________________________________], counsel for [________________________________], who opposes this Motion. Opposing counsel's stated reasons are: [________________________________]

☐ Undersigned counsel attempted to confer with opposing counsel on [__/__/____] by [telephone / email] but was unable to reach opposing counsel despite diligent efforts. Follow-up attempts were made on: [________________________________]

☐ [________________________________] is self-represented. Notice was provided to [________________________________] at [________________________________] on [__/__/____].

9. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this 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.

10. SIGNATURE BLOCK

Respectfully submitted,

Date: [__/__/____]

[________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Maine [____]
Telephone: [________________________________]
Email: [________________________________]

By: [________________________________]
[________________________________]
Maine Bar No. [________________________________]
Attorney for [________________________________]

11. PROPOSED ORDER

STATE OF MAINE

ORDER ON MOTION FOR EXTENSION OF TIME

The Court has considered [________________________________]'s Motion for Extension of Time, [the consent of opposing counsel / the arguments of the parties], and the applicable law.

☐ GRANTED. The Motion for Extension of Time is GRANTED. The deadline for [________________________________] is hereby extended from [__/__/____] to [__/__/____]. All other deadlines in the scheduling order remain in effect unless otherwise modified by the Court.

☐ GRANTED IN PART. The Motion is GRANTED IN PART. The deadline for [________________________________] is extended to [__/__/____]. [________________________________]

☐ DENIED. The Motion for Extension of Time is DENIED. [________________________________]

It is SO ORDERED.

Dated: [__/__/____]

[________________________________]
Justice, Maine Superior Court

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], the foregoing Motion for Extension of Time and Proposed Order were filed and served as follows:

☐ Via eFileMaine (Maine's electronic filing system, operating under Maine eCourts), which provided automatic electronic notification to all registered parties pursuant to M.R. Civ. P. 5

☐ Via first-class United States Mail, postage prepaid, to:

☐ Via hand delivery to:

☐ Via electronic mail to:

Persons Served:

[________________________________]
[________________________________], Maine Bar No. [________________________________]

13. SUPPORTING AFFIDAVIT (if required by the Court)

STATE OF MAINE
[________________________________] COUNTY, ss.

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

1. I am [counsel for / the] [Plaintiff / Defendant] in this matter.

2. The current deadline of [__/__/____] for [________________________________] was established by [________________________________].

3. An extension to [__/__/____] is necessary because: [________________________________]

4. I have diligently pursued compliance with the current deadline, including: [________________________________]

5. I became aware of the need for this extension on [__/__/____] and took the following steps: [________________________________]

6. This Motion is filed in good faith and not for the purpose of delay.

[________________________________]
Affiant

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

[________________________________]
Notary Public / Attorney at Law
My commission expires: [__/__/____]

Sources and References

• Maine Rules of Civil Procedure, Rule 6(b) — Enlargement of Time
• Maine Rules of Civil Procedure, Rule 7(b) — Motions and Other Papers (notice, opposition, and filing requirements for motions, including motions for enlargement of time)
• Maine Rules of Civil Procedure, Rule 5 — Service, Filing, and Form of Pleadings and Other Documents
• Maine Rules of Civil Procedure, Rule 11 — Signing of Pleadings, Motions, and Other Written Requests for Relief; Sanctions
• Johnson v. Carleton, 2001 ME 12, 765 A.2d 571 (Law Ct.) — Enlargement of time under Rule 6(b) committed to trial court discretion; excusable neglect required for post-deadline motions
• Casco Bay Island Transit Dist. v. Pub. Util. Comm'n, 528 A.2d 448 (Me. 1987) — Excusable neglect is a strict standard met only by extraordinary circumstances working an injustice
• City of Portland v. Gemini Concerts, Inc., 481 A.2d 180 (Me. 1984) — Same strict excusable-neglect standard
• eFileMaine (Maine's electronic filing platform, part of the Maine eCourts system): https://www.courts.maine.gov/ecourts/efile.html
• Maine Rules of Civil Procedure: https://www.courts.maine.gov/rules/rules-civil.html
• Maine Judicial Branch: https://www.courts.maine.gov/