Michigan Circuit Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

STATE OF MICHIGAN — CIRCUIT COURT

1. CAPTION

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]
Hon.: [________________________________]

Note: Michigan pleadings traditionally close the caption block with a "/" mark on its own line beneath the parties' names (e.g., a line of underscores ending in "/"). This is a stylistic convention of Michigan practice and may be added when the document is formatted for filing. The "P" number (e.g., P12345) is the attorney's Michigan Bar designation and must be included in filings.

2. TITLE OF MOTION

[PLAINTIFF'S/DEFENDANT'S] MOTION FOR EXTENSION OF TIME TO [________________________________]

3. CONCURRENCE STATEMENT (INCLUDE ONLY IF REQUIRED BY LOCAL COURT RULE)

Note — verify before including: The statewide Michigan Court Rules do not impose a general concurrence-certification requirement on circuit court motions; MCR 2.119(A) governs the form of motions and accompanying briefs but contains no concurrence provision. A concurrence/non-concurrence certification is instead a local court rule requirement in certain circuits — for example, the Third Judicial Circuit (Wayne County) requires a signed certification of compliance with LCR 2.119(B) and a statement that concurrence was requested and denied or not acquiesced in, and the Court of Claims' local rules impose a similar requirement. Confirm whether the circuit in which this motion will be filed has a local rule of this kind before including this section; if it does not, omit this section.

Undersigned counsel certifies that on [__/__/____], counsel [☐ requested / ☐ attempted to request] concurrence from [________________________________], counsel for [________________________________], in the relief sought in this Motion, in compliance with Local Court Rule [________________________________] of the [________________________________] Judicial Circuit.

☐ Opposing counsel concurs in the relief sought.
☐ Opposing counsel does not oppose the relief sought.
☐ Opposing counsel does not concur in the relief sought, and therefore it is necessary to present this Motion.
☐ Opposing counsel has not responded despite a request made on [__/__/____] via [☐ telephone / ☐ email / ☐ letter], and therefore it is necessary to present this Motion.
☐ The opposing party is self-represented, and Movant contacted them on [__/__/____] via [________________________________].

4. INTRODUCTION

NOW COMES [________________________________] (hereinafter "Movant"), by and through [his/her/their] attorneys, [________________________________], and pursuant to MCR 2.108(E), respectfully moves this Honorable Court for an Order extending the time within which to [________________________________]. In support of this Motion, Movant states as follows:

5. CASE INFORMATION

6. IDENTIFICATION OF DEADLINE

1. On [__/__/____], [☐ this Court entered a Scheduling Order under MCR 2.401 / ☐ this Court entered an Order / ☐ the following event occurred: ________________________________] establishing a deadline of [__/__/____] for [________________________________].

2. The deadline arises under [☐ MCR [________________________________] / ☐ Court Order dated [__/__/____] / ☐ the Court's Scheduling Order dated [__/__/____] / ☐ Statute: MCL § [________________________________] / ☐ other: ________________________________].

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

7. LEGAL STANDARD — MCR 2.108(E)

Michigan Court Rule 2.108(E) governs extension of time in Michigan circuit courts. Under MCR 2.108(E):

• Before Expiration: A court may, with notice to the other parties who have appeared, extend the time for serving and filing a pleading or motion or the doing of another act, if the request is made before the expiration of the period originally prescribed.

• After Expiration: Upon motion made after the expiration of the specified period, the court may permit the act to be done where the failure to act was the result of excusable neglect. The court must also consider whether the opposing party would be prejudiced.

• Limits on the Court's Authority: MCR 2.108(E) itself provides that "if a rule governing a particular act limits the authority to extend the time, those limitations must be observed." Some deadlines are treated by Michigan courts as effectively non-extendable regardless of MCR 2.108(E) — for example, the time to claim an appeal of right under MCR 7.204(A) is jurisdictional in the Court of Appeals and is not enlarged by a circuit court order. Movant should independently confirm whether the specific deadline at issue (e.g., a post-judgment motion under MCR 2.611 or MCR 2.612, or an appellate deadline) is subject to its own independent time limitation before relying on MCR 2.108(E).

Additional Standards:

Michigan courts evaluate motions for extension under a good cause standard, generally considering factors such as: (1) whether the failure to meet the deadline was due to factors beyond the control of the party; (2) whether the opposing party will be prejudiced by the extension; (3) whether the extension will delay the proceedings unduly; and (4) whether the party acted in good faith and with reasonable diligence. (Note: these are commonly cited practical factors for extension-of-time motions generally; they are not a holding of a single controlling Michigan Supreme Court decision construing MCR 2.108(E), and no case citation is provided for this specific four-factor formulation. Practitioners should independently research current published authority construing MCR 2.108(E) before citing a specific test to the court.)

8. GROUNDS FOR EXTENSION

Movant seeks this extension based on the following grounds (check all that apply):

☐ Volume and complexity of discovery materials requiring additional review
☐ Recently produced documents or supplemental disclosures necessitating analysis
☐ Unavailability of key witness(es) for deposition or consultation
☐ Scheduling conflicts with counsel's existing trial or hearing calendar
☐ Illness or medical emergency of party, counsel, or key witness
☐ Retention of expert witness and need for adequate time for expert analysis
☐ Ongoing settlement negotiations that may resolve part or all of the case
☐ Need for additional time to complete investigation or factual development
☐ Complexity of legal issues requiring additional research and briefing
☐ Change in counsel requiring reasonable transition period
☐ Third-party subpoena responses still outstanding
☐ Court-ordered case evaluation or mediation pending or recently concluded
☐ Need for additional time to respond to recently filed dispositive motion
☐ Other: [________________________________]

9. STATEMENT OF FACTS AND GOOD CAUSE

A. Factual Background

1. This action was commenced on [__/__/____] and involves claims for [________________________________].

2. On [__/__/____], the Court entered [________________________________] establishing the deadline of [__/__/____] for [________________________________].

3. Since the deadline was established, the following has occurred:
   [________________________________]
   (Provide detailed factual narrative explaining the specific circumstances necessitating the extension. Include dates, actions taken, and events giving rise to the need for additional time.)

4. [________________________________]
   (Continue with additional facts as needed.)

B. Good Cause Demonstration (Pre-Deadline Motion)

Under MCR 2.108(E), the Court may enlarge time when good cause is shown before the deadline expires. Movant demonstrates good cause as follows:

[________________________________]
(Explain the specific circumstances that constitute good cause. Michigan courts look to the reasonableness of the request, the diligence of the movant, and whether the extension serves the efficient administration of justice.)

C. Excusable Neglect (Post-Deadline Motion — if applicable)

☐ This section applies because the deadline has already passed.

Under MCR 2.108(E), after the expiration of a deadline, the Court may permit the act to be done where the failure to act was the result of "excusable neglect." Michigan courts consider the following factors:

1. Whether the neglect was excusable under the circumstances
2. Whether the movant has a meritorious claim or defense
3. Whether the opposing party would be prejudiced by the extension
4. The length of the delay
5. Whether the movant acted in good faith

The failure to act was the result of excusable neglect because:

[________________________________]

10. DILIGENCE OF MOVANT

Movant has exercised reasonable diligence in attempting to comply with the current deadline, as demonstrated by the following actions:

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

Despite these diligent efforts, Movant cannot meet the current deadline due to [________________________________].

11. ABSENCE OF PREJUDICE TO OPPOSING PARTY

The requested extension will not cause undue prejudice to [________________________________] (opposing party) because:

1. The extension requested is [____] days, which is modest relative to the overall duration of this litigation.
2. The trial date of [__/__/____] [☐ will not be affected / ☐ has not yet been set / ☐ may require adjustment].
3. The case evaluation date [☐ will not be affected / ☐ has not yet been set / ☐ is not applicable].
4. All other scheduling order deadlines under MCR 2.401 [☐ remain unaffected / ☐ will require corresponding adjustments as set forth in the proposed order].
5. The opposing party will not suffer loss of evidence, witnesses, or strategic advantage.
6. [________________________________]

12. PRIOR EXTENSIONS

☐ No prior extensions have been requested or granted in this matter.

☐ The following prior extensions have been requested and/or granted:

The current request is distinguishable from prior extensions because [________________________________].

13. PROPOSED NEW DEADLINE AND SCHEDULING IMPACT

Movant respectfully requests that the Court extend the deadline as follows:

Impact on Other Deadlines (MCR 2.401 Scheduling Order):

☐ No other deadlines are affected by this extension.
☐ The following related deadlines should be correspondingly adjusted:

14. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this Honorable Court:

1. Grant this Motion for Extension of Time;
2. Extend the deadline for [________________________________] from [__/__/____] to [__/__/____];
3. Adjust any dependent deadlines as set forth in the proposed order;
4. Grant such other and further relief as the Court deems just and proper.

15. ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Law Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City], Michigan [________]
Telephone: [________________________________]
Email: [________________________________]

By: ________________________________
    [Attorney Name] (P[________])
    Attorney for [Plaintiff/Defendant]
    [________________________________]

Date: [__/__/____]

Note: Michigan attorneys are identified by their "P" number (e.g., P12345), which must be included on all court filings.

16. VERIFICATION (if required by local rule or order)

STATE OF MICHIGAN, COUNTY OF [________________________________], ss.:

I, [________________________________], being first duly sworn, state that the facts set forth in this Motion are true and correct to the best of my knowledge, information, and belief.

________________________________
[Name]

Subscribed and sworn to before me this ___ day of ______________, 20___.

________________________________
Notary Public, State of Michigan
County of [________________________________]
My Commission Expires: [__/__/____]

17. PROPOSED ORDER

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]

Case No.: [________________________________]
Hon.: [________________________________]

ORDER ON MOTION FOR EXTENSION OF TIME

     At a session of said Court held in the City of
[________________________________], County of [________________________________],
State of Michigan, on ______________, 20___.

PRESENT: Honorable [________________________________], Circuit Court
Judge.

     The Court having considered [________________________________]'s
Motion for Extension of Time, any response thereto, and the record in
this case, and good cause having been shown:

     IT IS HEREBY ORDERED:

     1. The Motion for Extension of Time is GRANTED.

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

     3. [The following related deadlines are adjusted:
        a. [________________________________]: extended to [__/__/____]
        b. [________________________________]: extended to [__/__/____]]

     4. All other deadlines and orders, including the MCR 2.401
Scheduling Order, remain in full force and effect unless further
modified by the Court.

     5. [Additional conditions, if any:
        ________________________________]

     IT IS SO ORDERED.

     ________________________________
     Hon. [________________________________]
     Circuit Court Judge

Date: ______________

18. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing Motion for Extension of Time and Proposed Order upon all counsel of record and/or parties by filing the same through the Michigan MiFILE electronic filing system pursuant to MCR 1.109(G), which automatically provides electronic service to all registered users.

Service was additionally made by the following method(s) upon the following parties:

________________________________
[Attorney Name] (P[________])

19. PRACTICE NOTES FOR MICHIGAN PRACTITIONERS

A. Key Provisions of MCR 2.108(E)

• Pre-Deadline Motions: The Court may enlarge time with or without motion or notice when the request is made before the original deadline. A showing of "cause" is required.
• Post-Deadline Motions: After expiration, the movant must show the failure to act was the result of "excusable neglect."
• Limits on the Court's Authority: MCR 2.108(E) directs that "if a rule governing a particular act limits the authority to extend the time, those limitations must be observed." Some deadlines — most notably the time to claim an appeal of right under MCR 7.204(A) — are treated as jurisdictional and are not enlarged under MCR 2.108(E). Confirm independently whether a specific deadline (e.g., under MCR 2.611 or MCR 2.612) carries its own non-extendable limitation before relying on MCR 2.108(E).

B. MCR 2.119 — Motion Practice Requirements

• Written Motions: Unless made during a hearing or trial, all motions must be in writing, state with particularity the grounds and authority, state the relief sought, and be signed by the party or attorney. MCR 2.119(A)(1).
• Brief and Page Limits (MCR 2.119(A)(2)): A motion or response presenting an issue of law must be accompanied by a brief citing supporting authority; absent court permission, the combined length of a motion and brief (or response and brief) may not exceed 20 double-spaced pages, exclusive of attachments and exhibits.
• Concurrence/Non-Concurrence Certification — Local Rule Only: MCR 2.119 itself does not require a concurrence statement. Certain circuits impose this requirement by local court rule (e.g., Third Judicial Circuit LCR 2.119(B), requiring a signed certification that concurrence was requested and denied or not acquiesced in). Check the local rules of the circuit where the motion will be filed; do not assume this requirement applies statewide.
• Service of Motion: The motion and notice of hearing must be served on the opposing party at least 9 days before the hearing date under MCR 2.119(C)(1). When service is by mail, the period is extended by applicable mailing time.
• Response: A response to a motion must be filed and served at least 5 days before the hearing. MCR 2.119(C)(2).
• Reply Brief: The moving party may file a reply brief at or before the time of the hearing. MCR 2.119(C)(3).

C. Computation of Time Under MCR 1.108

• The day of the triggering event is not counted; the last day of the period is counted.
• If the last day falls on a Saturday, Sunday, or legal holiday, the period extends to the next business day.
• When the period is 7 days or less, intermediate Saturdays, Sundays, and legal holidays are excluded.
• When computing time for service by mail, 3 additional days are added after the prescribed period. MCR 2.107(C)(3).

D. MCR 2.401 — Scheduling Orders

• The circuit court will enter a scheduling order under MCR 2.401 setting deadlines for discovery, motions, case evaluation, and trial.
• Modifications to scheduling order deadlines generally require a showing of good cause and court approval.
• Stipulated modifications to scheduling orders may be approved by the court without a hearing in some circuits.

E. Michigan Court Structure

Michigan has 57 circuit courts organized by county. Some counties share a circuit:

• Wayne County (3rd Circuit) — Detroit
• Oakland County (6th Circuit) — Pontiac
• Washtenaw County (22nd Circuit) — Ann Arbor
• Kent County (17th Circuit) — Grand Rapids
• Ingham County (30th Circuit) — Lansing
• Genesee County (7th Circuit) — Flint

F. Electronic Filing (MiFILE)

• Michigan uses the MiFILE electronic filing system for all court filings.
• Under MCR 1.109(G), electronic filing is mandatory for attorneys in all courts.
• Filing through MiFILE constitutes service on all registered users.
• Self-represented parties may file electronically or in paper form.
• Documents must conform to MCR 1.109 formatting requirements (8.5 x 11 inch paper, minimum 12-point font, double-spaced text).

G. Local Court Rules

Each circuit court may have local rules that supplement the Michigan Court Rules. Practitioners should verify local requirements, particularly regarding:

• Scheduling of motion hearings
• Page limits on briefs
• Requirements for proposed orders
• Any additional conferral or meet-and-confer requirements

Local court rules are available at Michigan Courts.

Sources and References

• Michigan Court Rules, Chapter 2 (Civil Procedure) — Michigan Courts
• Michigan Court Rules (complete, updated January 2026) — Michigan Courts
• MCR 2.119 Motion Practice — Michigan Courts Benchbook
• Local Court Rules — Michigan Courts
• MiFILE Electronic Filing Standards — Michigan Courts
• Oakland County Circuit Court Motions Guide — Oakland County