Missouri State Court Motion for Extension of Time

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI

[PLAINTIFF NAME], Plaintiff

v.

[DEFENDANT NAME], Defendant

Case No.: [________] Division: [________]

[MOVANT]'S MOTION FOR EXTENSION OF TIME

[MOVANT] moves under Mo. Sup. Ct. R. 44.01(b) to extend the time for [SPECIFIC ACT]. The current deadline is [DATE], established by [IDENTIFY THE RULE, NOTICE, OR COURT ORDER]. Movant requests an extension through [PROPOSED DATE]. This request concerns a deadline eligible for enlargement because [STATE THE BASIS AFTER CHECKING THE GOVERNING RULE AND THE EXCLUSIONS IN RULE 44.01(b)].

I. TIMING OF THE REQUEST

Timely request: This Motion is filed before the current deadline expires. Cause for the requested enlargement exists because [STATE SPECIFIC FACTS, WHEN THE NEED AROSE, AND THE WORK REMAINING]. Movant has [DESCRIBE DILIGENT STEPS]. Rule 44.01(b)(1) permits enlargement for cause shown on a timely request.

Request after expiration: The deadline expired on [DATE]. Movant seeks permission after notice and motion under Rule 44.01(b)(2). The failure to act resulted from excusable neglect because [STATE THE SPECIFIC UNEXPECTED CIRCUMSTANCES, DATES, AND SUPPORTING EVIDENCE]. Movant learned of the missed deadline on [DATE], took [PROMPT CORRECTIVE STEPS], and requests only [NUMBER] additional days. [ATTACH A DECLARATION OR OTHER SUPPORT IF THE FACTS REQUIRE IT.]

II. EFFECT OF THE REQUESTED EXTENSION

The extension would permit [SPECIFIC ACT] by [DATE]. [STATE THE CURRENT TRIAL OR HEARING DATE AND WHETHER IT WOULD CHANGE]. The opposing party's position is [CONSENTS / OPPOSES / UNKNOWN AFTER EFFORTS ON DATE]. The effect on that party and the case schedule is [SPECIFIC FACTS]. Movant proposes [ANY NARROWER CONDITION THAT WOULD REDUCE PREJUDICE].

On [DATE], Movant [DESCRIBE CONTACT WITH OPPOSING COUNSEL OR PARTY]. The communication is attached as Exhibit [__], if relevant.

III. REQUESTED ORDER

For the reasons above, Movant asks the Court to enlarge the deadline for [SPECIFIC ACT] from [CURRENT DATE] through [PROPOSED DATE], and to grant any other appropriate relief. No excluded Rule 44.01(b) deadline is requested to be enlarged.

Respectfully submitted,

____________________________
[ATTORNEY NAME], Mo. Bar No. [____]
Attorney for [MOVANT]
[ADDRESS]
[TELEPHONE] | [FAX, IF ANY] | [EMAIL, IF ANY]

NOTICE OF HEARING, IF A HEARING IS SET

This Motion is set for hearing on [DATE] at [TIME] in [DIVISION/LOCATION]. [SERVE THE WRITTEN MOTION AND HEARING NOTICE AT LEAST FIVE DAYS BEFORE THE HEARING UNLESS LAW, COURT RULE, OR COURT ORDER FIXES A DIFFERENT PERIOD; SEE RULE 44.01(c).]

CERTIFICATE OF SERVICE

I certify that on [DATE] I served this Motion [AND NOTICE OF HEARING, IF APPLICABLE] on [RECIPIENT NAME(S)] by [RULE 43.01 METHOD] at [MAILING OR ELECTRONIC ADDRESS(ES)].

____________________________
[NAME OF PERSON MAKING SERVICE]

[PROPOSED] ORDER GRANTING EXTENSION OF TIME

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI

[PLAINTIFF NAME], Plaintiff

v.

[DEFENDANT NAME], Defendant

Case No.: [________] Division: [________]

The Court has considered [MOVANT]'s Motion for Extension of Time, any response, and the record. The Court finds [CAUSE FOR A TIMELY REQUEST / EXCUSABLE NEGLECT FOR A POST-DEADLINE REQUEST] under Rule 44.01(b). IT IS ORDERED that the deadline for [SPECIFIC ACT] is extended from [CURRENT DATE] through [NEW DATE]. [STATE ANY RELATED CONDITION OR SCHEDULE CHANGE EXPRESSLY.]

Dated: [DATE]

____________________________
Circuit Judge