Missouri State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

STATE OF MISSOURI — CIRCUIT COURT

1. CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

[________________________________] DIVISION

2. MOTION FOR EXTENSION OF TIME

COMES NOW [________________________________] ("Movant"), by and through undersigned counsel, and pursuant to Missouri Supreme Court Rule 44.01(b), respectfully moves this Honorable Court for an Order extending the deadline for the following act:

Action/Filing for Which Extension Is Sought:
[________________________________]

Current Deadline: [__/__/____]

Proposed New Deadline: [__/__/____]

Number of Additional Days Requested: [____]

In support of this Motion, Movant states as follows:

3. CASE BACKGROUND AND PROCEDURAL HISTORY

1. This action was commenced on [__/__/____] by the filing of a [________________________________].

2. The current deadline at issue was established by [________________________________] (e.g., Court Order, Scheduling Order, Rule of Civil Procedure), entered on [__/__/____].

3. The matter is currently set for trial on [__/__/____] in Division [____] of this Court.

4. The following prior extensions related to this deadline have been granted:

☐ No prior extensions have been granted for this deadline.

4. 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 and analysis

☐ Recently produced documents or disclosures necessitating additional time for review

☐ Scheduling conflicts among counsel that prevent timely completion

☐ Unavailability of key witnesses for deposition or consultation

☐ Ongoing settlement negotiations that may resolve or narrow the issues

☐ Complexity of legal issues requiring additional research and briefing

☐ Retention of new or additional expert witnesses requiring time for engagement and analysis

☐ Illness or medical emergency affecting counsel, a party, or a critical witness

☐ Substitution or withdrawal of counsel requiring new counsel to become familiar with the case

☐ Court calendar or scheduling conflicts (e.g., conflicting trial settings in other courts)

☐ Third-party subpoena responses still outstanding

☐ Need for additional time to comply with mandatory disclosure requirements under Missouri Supreme Court Rule 56.01

☐ Other: [________________________________]

5. STATEMENT OF GOOD CAUSE

A. Statutory Standard

Missouri Supreme Court Rule 44.01(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 notice and 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."

B. Timing of This Motion

☐ This Motion is filed before the expiration of the current deadline. Movant demonstrates "cause shown" as required by Rule 44.01(b)(1).

☐ This Motion is filed after the expiration of the current deadline. Movant demonstrates "excusable neglect" as required by Rule 44.01(b)(2), and provides notice to all parties as required by the Rule.

C. Specific Factual Basis for Good Cause

[________________________________]

[Provide a detailed narrative of the specific circumstances warranting the extension. Missouri courts evaluate: (1) the reason for the delay; (2) whether the movant acted with reasonable diligence; (3) whether the opposing party will suffer prejudice; and (4) the interests of justice. See State ex rel. White v. Marsh, 649 S.W.2d 869 (Mo. 1983) (discussing the discretionary standard for excusable neglect under Rule 44.01(b)).]

D. Diligence of Movant

Movant has exercised reasonable diligence in attempting to meet the current deadline by taking the following steps:

1. [________________________________]

2. [________________________________]

3. [________________________________]

6. EXCUSABLE NEGLECT (IF APPLICABLE — AFTER-EXPIRATION MOTIONS ONLY)

Complete this section only if the current deadline has already passed.

Under Missouri law, excusable neglect is defined as "a failure — which the law will excuse — to take some proper step at the proper time ... not because of the party's own carelessness, inattention, or willful disregard of the court's process, but because of some unexpected or unavoidable hindrance or accident or because of reliance on the care and vigilance of the party's counsel or on a promise made by the adverse party." State ex rel. White v. Marsh, 649 S.W.2d 869, 872 (Mo. 1983).

The failure to meet the deadline was caused by:

[________________________________]

Movant did not act with carelessness, inattention, or willful disregard because:

[________________________________]

7. POSITION OF OPPOSING PARTY

Undersigned counsel conferred with opposing counsel regarding this Motion on [__/__/____] by [________________________________] (telephone, email, in person).

☐ Opposing counsel consents to the requested extension.

☐ Opposing counsel does not oppose the requested extension.

☐ Opposing counsel objects to the requested extension. The stated basis for the objection is: [________________________________]

☐ Undersigned counsel was unable to confer with opposing counsel despite good faith efforts on the following dates: [________________________________]. [Describe efforts made.]

8. ABSENCE OF PREJUDICE

The requested extension will not prejudice the opposing party or any other party to this action because:

1. The current trial date of [__/__/____] will not be affected by the requested extension.

2. No other deadlines in the Court's Scheduling Order will require modification.

3. The opposing party will have adequate time to respond to any filings or disclosures made within the extended deadline.

4. [________________________________]

9. IMPACT ON CASE SCHEDULE

☐ The requested extension will not require modification of the Court's existing Scheduling Order or any other deadlines.

☐ The requested extension may require modification of the following deadlines, and Movant proposes the following revised schedule:

10. NON-EXTENDABLE DEADLINES — RULE 44.01(b) LIMITATIONS

Movant acknowledges that Rule 44.01(b) prohibits the Court from extending deadlines under the following Missouri Supreme Court Rules: 52.13 (directed verdicts), 72.01 (new trial motions), 73.01 (post-trial motions), 75.01 (motions for judgment notwithstanding the verdict), 78.04 (appeal bond), 81.04 (notice of appeal), 81.07 (cross-appeals), and 84.035 (appellate briefs). This Motion does not seek to extend any such deadline.

11. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Honorable 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 and proper.

12. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Law Firm Name]

[________________________________]
[Street Address]

[________________________________], Missouri [__________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

By: ________________________________________

[________________________________]
Attorney Name

Missouri Bar No. [________________________________]

Attorney for [________________________________]

Date: [__/__/____]

13. CERTIFICATE OF CONFERRAL

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

☐ Counsel for the opposing party consents to the relief sought.

☐ Counsel for the opposing party does not oppose the relief sought.

☐ Counsel for the opposing party objects to the relief sought.

☐ I was unable to confer with opposing counsel despite the following good faith efforts: [________________________________]

________________________________________
[Attorney Name]

14. VERIFICATION (IF REQUIRED BY LOCAL RULE)

STATE OF MISSOURI
COUNTY OF [________________________________]

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

________________________________________
[Affiant Name]

Subscribed and sworn to before me this [____] day of [________________], [________].

________________________________________
Notary Public
My Commission Expires: [__/__/____]

15. PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

[________________________________] DIVISION

ORDER GRANTING MOTION FOR EXTENSION OF TIME

This matter comes before the Court on the Motion of [________________________________] for Extension of Time, filed on [__/__/____], pursuant to Missouri Supreme Court Rule 44.01(b).

The Court, having reviewed the Motion, any responses filed, and being otherwise fully advised in the premises, hereby finds that:

1. Good cause exists for the requested extension of time.

2. The Motion was filed ☐ before / ☐ after the expiration of the current deadline.

3. The opposing party ☐ consents / ☐ does not oppose / ☐ objects to the extension.

4. The extension will not unduly prejudice any party or disrupt the Court's schedule.

IT IS THEREFORE ORDERED that:

1. The Motion for Extension of Time is GRANTED.

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

3. All other deadlines in the Scheduling Order dated [__/__/____] remain in full force and effect unless otherwise modified by the Court.

4. [________________________________]

SO ORDERED this [____] day of [________________], [________].

________________________________________
Honorable [________________________________]
Circuit Judge, Division [____]

16. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Extension of Time and Proposed Order was filed via the Missouri Courts eFiling System (Show-Me Courts), which sent electronic notification to all registered counsel of record pursuant to Missouri Supreme Court Rule 43.01.

In addition, copies were served by the following methods:

________________________________________
[Attorney Name]
Missouri Bar No. [________________________________]

17. PRACTICE NOTES FOR MISSOURI PRACTITIONERS

Key Rules and Deadlines

• Rule 44.01(b): Governs all requests for extension of time in Missouri circuit courts. Requests made before the deadline expires require only "cause shown." Requests made after the deadline expires require a showing of "excusable neglect."

• Rule 44.01(a): Governs computation of time. The day of the event triggering the period is excluded; the last day is included unless it falls on a Saturday, Sunday, or legal holiday. When the period is less than 11 days, intermediate Saturdays, Sundays, and holidays are excluded.

• Rule 61.01: Requires that every motion state with particularity the grounds therefor and set forth the relief or order sought. Ensure the motion clearly identifies the specific deadline, the authority establishing it, and the proposed new deadline.

• Rule 43.01: Governs service of motions and papers. Service through the eFiling system constitutes valid service on all registered counsel.

Local Rules

Many Missouri circuits have local rules governing motions practice, including requirements for:

• Conferral certificates (e.g., Jackson County Circuit Court Local Rule 33.6)
• Page limitations on memoranda
• Specific formatting requirements
• Hearing procedures

Always check the local rules of the specific circuit court before filing.

Non-Extendable Deadlines Under Rule 44.01(b)

The following deadlines cannot be extended under Rule 44.01(b):

• Rule 52.13 — Directed verdicts
• Rule 72.01 — New trial motions
• Rule 73.01 — Post-trial motions
• Rule 75.01 — Motions for judgment notwithstanding the verdict
• Rule 78.04 — Appeal bond
• Rule 81.04 — Notice of appeal
• Rule 81.07 — Cross-appeals
• Rule 84.035 — Appellate briefs

Sources and References

• Missouri Supreme Court Rule 44.01 — Time, Computation of – Extension – Service of Motions: https://www.courts.mo.gov/page.jsp?id=199564
• Missouri Supreme Court Rules — Full Text: https://www.courts.mo.gov/page.jsp?id=46
• Missouri Supreme Court Rule 43.01 — Service and Filing
• Missouri Supreme Court Rule 61.01 — Motions Generally
• State ex rel. White v. Marsh, 649 S.W.2d 869 (Mo. 1983) (discussing excusable neglect standard)
• Missouri Courts eFiling System (Show-Me Courts): https://www.courts.mo.gov