Minnesota State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

State of Minnesota District Court

1. CAPTION

STATE OF MINNESOTA
DISTRICT COURT

COUNTY OF [________________________________] — [____] JUDICIAL DISTRICT

Court File No.: [________________________________]
Judge: [________________________________]

MOTION FOR EXTENSION OF TIME

2. CASE INFORMATION

3. RULE 115.10 CERTIFICATION OF MEET AND CONFER

Pursuant to Minnesota General Rules of Practice 115.10, undersigned counsel hereby certifies as follows:

☐ On [__/__/____], undersigned counsel conferred with [________________________________], counsel for [________________________________], regarding the relief sought in this motion.

☐ The conferral was conducted by: ☐ Telephone ☐ In person ☐ Video conference ☐ Email exchange

☐ As a result of conferral, opposing counsel:

• ☐ Does not oppose this motion
• ☐ Opposes this motion
• ☐ Takes no position on this motion
• ☐ Consents to a stipulated extension (stipulation attached)

☐ Undersigned counsel made good-faith efforts to confer but was unable to reach opposing counsel, as follows: [________________________________]

☐ This motion is exempt from the conferral requirement because: [________________________________]

Note: Under Minn. Gen. R. Prac. 115.10, parties must make appropriate efforts to resolve disputes before seeking court intervention. The court may deny motions where the moving party has not demonstrated adequate conferral efforts.

4. MOTION

TO THE HONORABLE COURT:

[________________________________] ("Movant"), by and through undersigned counsel, respectfully moves this Court pursuant to Minnesota Rule of Civil Procedure 6.02 for an order extending the time within which to:

[________________________________]
[________________________________]

A. Current Deadline

The current deadline for the above-described act is [__/__/____], as established by:

☐ The Minnesota Rules of Civil Procedure, specifically Rule [________________________________]
☐ Court Order dated [__/__/____]
☐ Scheduling Order dated [__/__/____]
☐ Stipulation of the parties dated [__/__/____]
☐ Other: [________________________________]

B. Proposed New Deadline

Movant respectfully requests that the deadline be extended to [__/__/____], representing an extension of [____] days.

C. Timing of This Motion

☐ This motion is filed before expiration of the current deadline (governed by "cause shown" standard under Minn. R. Civ. P. 6.02(a))
☐ This motion is filed after expiration of the current deadline (governed by "excusable neglect" standard under Minn. R. Civ. P. 6.02(b))

5. GROUNDS FOR EXTENSION

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

☐ Complexity of the issues requiring additional research or preparation
☐ Volume of documents or discovery materials to be reviewed
☐ Unavailability of key witnesses or parties
☐ Scheduling conflicts of counsel
☐ Recent receipt of additional materials from opposing party or third parties
☐ Need for expert consultation or analysis
☐ Settlement negotiations are ongoing and productive
☐ Illness or medical emergency of counsel, party, or key witness
☐ Recently retained or substituted counsel needs time to become familiar with the case
☐ Court congestion or administrative delay
☐ Intervening legal developments affecting the matter
☐ Other: [________________________________]

6. SUPPORTING FACTS AND GOOD CAUSE DECLARATION

Declaration of [________________________________]

I, [________________________________], declare under penalty of perjury under the laws of the State of Minnesota:

1. I am the attorney of record for [________________________________] in the above-captioned matter. I am licensed to practice law in the State of Minnesota, Attorney Registration Number [________________________________].

2. On [__/__/____], the Court [entered an order / the parties stipulated / the Rules require] that [________________________________] be completed by [__/__/____].

3. Since the deadline was established, the following circumstances have arisen that necessitate additional time:

a. [________________________________]
[________________________________]

b. [________________________________]
[________________________________]

c. [________________________________]
[________________________________]

4. Movant has exercised due diligence in attempting to meet the current deadline, including:

a. [________________________________]
b. [________________________________]
c. [________________________________]

5. Despite these diligent efforts, the deadline cannot be met because: [________________________________]

6. The requested extension of [____] days is the minimum additional time reasonably necessary to complete [________________________________].

7. LEGAL STANDARD

A. Pre-Deadline Extensions: Minn. R. Civ. P. 6.02(a)

Under Rule 6.02, when 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, order the period enlarged if the request is made before the expiration of the period originally prescribed or as extended by a previous order. The "cause shown" standard affords the trial court broad discretion, and the moving party need only demonstrate a reasonable basis for the requested extension.

B. Post-Deadline Extensions: Minn. R. Civ. P. 6.02(b)

If the deadline has already expired, Rule 6.02 permits the court to allow the act to be done upon motion where the failure to act was the result of excusable neglect. In the closely related context of relief from a default judgment under Minn. R. Civ. P. 60.02, the Minnesota Supreme Court has held that a party seeking relief must show: (1) a reasonable defense on the merits; (2) a reasonable excuse for the failure to act; (3) due diligence after notice of the default; and (4) that no substantial prejudice will result to the other party. See Finden v. Klaas, 268 Minn. 268, 128 N.W.2d 748 (1964). Minnesota courts evaluating excusable neglect under Rule 6.02(b) draw on these same considerations — particularly the reasonableness of the movant's excuse, the movant's diligence once the omission was discovered, and the absence of prejudice to the opposing party.

C. Limitations

Rule 6.02 expressly provides that the court may not extend the time for taking any action under Rules 4.043, 59.03, 59.05, and 60.02, except to the extent and under the conditions stated in those rules.

8. ARGUMENT

A. Good Cause / Excusable Neglect Exists

[________________________________]
[________________________________]
[________________________________]

B. Movant Has Exercised Due Diligence

Movant has diligently pursued compliance with the current deadline. Specifically:

[________________________________]
[________________________________]
[________________________________]

C. No Prejudice to Opposing Party

Granting this extension will not prejudice the opposing party because:

☐ The trial date of [__/__/____] will not be affected
☐ No other case management deadlines will be impacted
☐ Discovery remains open and the extension falls within the discovery period
☐ Opposing counsel has indicated no objection or prejudice
☐ The extension requested is modest in duration ([____] days)
☐ Other: [________________________________]

D. Interests of Justice Favor Extension

[________________________________]
[________________________________]

9. PRIOR EXTENSIONS

☐ No prior extensions have been requested or granted in this matter for this or any related deadline.

☐ The following prior extensions have been requested or granted:

10. OPPOSING PARTY'S POSITION

Based on the conferral required by Minn. Gen. R. Prac. 115.10:

☐ Opposing party does not oppose this motion.
☐ Opposing party consents to this motion (stipulation attached).
☐ Opposing party opposes this motion. The stated grounds for opposition are:
[________________________________]
[________________________________]
☐ Opposing party takes no position.
☐ Opposing party could not be reached despite good-faith efforts on the following dates: [________________________________]

11. PREJUDICE ANALYSIS

12. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this Court enter an order:

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

2. Maintaining all other existing deadlines and scheduling orders unless otherwise modified by the Court;

3. Granting such other and further relief as the Court deems just and equitable.

13. MEMORANDUM OF LAW

(A motion for extension of time is ordinarily a nondispositive motion under Minn. Gen. R. Prac. 115.01(a)(2). Under Minn. Gen. R. Prac. 115.04(a)(4), a memorandum of law need be filed only if Movant intends to submit one, or if the Court directs otherwise; a memorandum is mandatory only for dispositive motions under Minn. Gen. R. Prac. 115.03(a)(4). This memorandum is nonetheless recommended for any contested extension motion.)

I. Introduction

This memorandum is submitted in support of Movant's Motion for Extension of Time pursuant to Minn. R. Civ. P. 6.02. Movant seeks a [____]-day extension of the deadline for [________________________________], from [__/__/____] to [__/__/____].

II. Statement of Facts

[________________________________]
[________________________________]
[________________________________]

III. Legal Argument

A. The Standard Under Rule 6.02 Is Satisfied

Minnesota Rule of Civil Procedure 6.02 provides the Court with broad discretion to enlarge time periods. Where the motion is brought before the deadline expires, the movant need only show "cause" for the extension — a materially lower bar than the "excusable neglect" standard that governs post-deadline requests under Rule 6.02(b). See Minn. R. Civ. P. 6.02.

B. Diligence Has Been Demonstrated

[________________________________]
[________________________________]

C. No Prejudice Will Result

[________________________________]
[________________________________]

IV. Conclusion

For the foregoing reasons, Movant respectfully requests that this Court grant the Motion for Extension of Time.

14. SIGNATURE BLOCK

Dated: [__/__/____]

[________________________________]
[Law Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City], Minnesota [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
[________________________________]
Attorney Reg. No. [________________________________]
Attorney for [________________________________]

15. PROPOSED ORDER

STATE OF MINNESOTA
DISTRICT COURT

COUNTY OF [________________________________] — [____] JUDICIAL DISTRICT

Court File No.: [________________________________]

ORDER ON MOTION FOR EXTENSION OF TIME

The above-entitled matter came before the Court on [________________________________]'s Motion for Extension of Time. The Court, having reviewed the motion, supporting memorandum, and all submissions of the parties, and being fully advised in the premises, hereby ORDERS as follows:

☐ The Motion for Extension of Time is GRANTED.

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

All other deadlines and scheduling orders remain in full force and effect unless otherwise modified by this Court.

☐ The Motion for Extension of Time is GRANTED IN PART.

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

Additional conditions: [________________________________]

☐ The Motion for Extension of Time is DENIED.

Reason: [________________________________]

Dated: [__/__/____]

BY THE COURT:

________________________________________
[________________________________]
Judge of District Court
[____] Judicial District

16. CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I caused the foregoing Motion for Extension of Time, Memorandum of Law, and Proposed Order to be filed with the Court and served upon all parties as follows:

Method of Filing:
☐ Minnesota eFile and eServe System (pursuant to Minn. Gen. R. Prac. 14.03)
☐ Personal delivery to the Court Administrator

Method of Service:

☐ Electronic service through the Minnesota eFile and eServe System upon all registered users, which constitutes valid service under Minn. Gen. R. Prac. 14.03(d) and Minn. R. Civ. P. 5.02.

☐ Additional service by the following methods on parties not registered for eServe:

________________________________________
[________________________________]
Attorney Reg. No. [________________________________]

17. PRACTICE NOTES FOR MINNESOTA ATTORNEYS

A. Key Rule References

• Minn. R. Civ. P. 6.02 governs enlargement of time in state court civil actions.
• Minn. Gen. R. Prac. 115.10 ("Settlement Efforts") requires the parties to confer in an attempt to resolve the motion before the hearing; the moving party must certify compliance (or the reasons for noncompliance) before the hearing. The conferral can be by telephone, in person, video conference, or other appropriate means.
• Minn. Gen. R. Prac. 115.04 ("Nondispositive Motions") governs the timing and service requirements applicable to most extension-of-time motions (moving documents due at least 21 days before the hearing; response due at least 14 days before; an optional reply due at least 7 days before). A memorandum of law need only be filed if the movant intends to submit one, or the court directs otherwise.
• Minn. Gen. R. Prac. 115.03 ("Dispositive Motions") imposes a longer timeline (28/14/7 days) and a mandatory memorandum of law; it applies only if this extension motion is combined with, or directly affects, a pending dispositive motion (e.g., a motion for summary judgment).
• Minn. Gen. R. Prac. 14.03, part of Rule 14 ("E-Filing and E-Service"), governs the mechanics and timing of filing and serving documents through the Minnesota eFile and eServe (eFS) System, which is mandatory for attorneys, government agencies, and guardians ad litem in all 87 Minnesota counties.

B. Important Distinctions

• Pre-deadline motions require only "cause shown" -- a relatively low threshold.
• Post-deadline motions require "excusable neglect" -- a significantly higher standard requiring the movant to explain why the deadline was missed and demonstrate good faith.
• Certain deadlines under Rules 4.043, 59.03, 59.05, and 60.02 cannot be extended under Rule 6.02.

C. Timing Considerations

• File extension motions as early as possible before the deadline expires. Courts view last-minute filings unfavorably.
• If the deadline has already passed, file immediately upon discovering the need for relief. Delay in seeking post-deadline relief weighs against a finding of excusable neglect.
• Under Minn. R. Civ. P. 6.01, when computing time periods, exclude the day of the triggering event, count every day including weekends and holidays, but if the last day falls on a Saturday, Sunday, or legal holiday, the period runs until the end of the next business day.

D. Local Rules

• Always check the local rules of the specific judicial district where the case is pending. Individual districts may have additional requirements for motion practice and scheduling modifications.
• Some judicial districts require that scheduling order modifications be addressed through a case management conference rather than by motion.

Sources and References

• Minnesota Rules of Civil Procedure, Rule 6 (Time): https://www.revisor.mn.gov/court_rules/cp/id/6/
• Minnesota General Rules of Practice, Rule 115 (Motion Practice): https://www.revisor.mn.gov/court_rules/gp/id/115/
• Minnesota General Rules of Practice, Rule 14 (E-Filing and E-Service): https://www.revisor.mn.gov/court_rules/gp/id/14/
• Minnesota Rules of Civil Procedure, Rule 5.02 (Service; How Made): https://www.revisor.mn.gov/court_rules/cp/id/5/
• Minnesota Judicial Branch, eFile and eServe (eFS) in a District (Trial) Court: https://mncourts.gov/file-a-case/file-in-a-district-trial-court
• Finden v. Klaas, 268 Minn. 268, 128 N.W.2d 748 (1964) (four-factor standard for relief from default judgment under Rule 60.02, applied by analogy in excusable-neglect analysis)