Mississippi State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

State of Mississippi — Circuit Court

1. CASE CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________],
Plaintiff,

v.              Cause No. [________________________________]

[________________________________],
Defendant.

MOTION FOR EXTENSION OF TIME TO [________________________________]

2. INTRODUCTION

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

In support of this Motion, Movant shows the Court as follows:

3. CURRENT DEADLINE AND PROPOSED EXTENSION

Timing of This Motion

☐ This Motion is filed before the expiration of the current deadline. Under MRCP 6(b)(1), the Court may enlarge the time period for "cause shown," and the motion may be made ex parte.

☐ This Motion is filed after the expiration of the current deadline. Under MRCP 6(b)(2), the Court may permit the act to be done only upon a showing of "excusable neglect," and notice must be given to all parties. Movant provides the following explanation: [________________________________]

4. PRIOR EXTENSIONS

☐ No prior extensions have been requested or granted for this deadline.

☐ [____] prior extension(s) have been requested:

5. FACTUAL BASIS

A. Background

1. This action was filed on [__/__/____] in the Circuit Court of [________________________________] County, Mississippi.

2. The Court entered a case management order on [__/__/____], establishing the following relevant deadlines:

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

B. Reasons Extension Is Necessary

4. An extension is necessary because (check all that apply and provide details):

☐ Volume and complexity of discovery — The case involves [________________________________], including approximately [____] documents/pages that require review before the deadline can be met.

☐ Recently produced discovery — On [__/__/____], [________________________________] produced [________________________________], which Movant has not yet had adequate time to review and incorporate into the required filing.

☐ Expert witness unavailability — Movant's designated expert, [________________________________], is not available to [complete the report / be deposed / provide analysis] until [__/__/____] because [________________________________].

☐ Counsel scheduling conflict — Undersigned counsel is [in trial / engaged in] [________________________________] in the [________________________________] Court, Cause No. [________________________________], from [__/__/____] through [__/__/____].

☐ Ongoing settlement discussions — The parties have been engaged in active settlement negotiations, including [________________________________]. An extension would promote resolution and conserve party and judicial resources.

☐ Third-party records pending — Movant served a subpoena duces tecum on [________________________________] on [__/__/____]. Despite follow-up on [__/__/____], the records have not been produced.

☐ Medical or personal emergency — [________________________________]

☐ Newly retained counsel — Movant retained new counsel on [__/__/____], who requires reasonable time to become familiar with the case.

☐ Other cause: [________________________________]

C. Diligence

5. Movant has diligently pursued compliance with the current deadline, including:

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

6. Movant first became aware of the need for this extension on [__/__/____] and promptly prepared and filed this Motion.

6. LEGAL STANDARD

A. Mississippi Rule of Civil Procedure 6(b)

Rule 6(b) provides:

When by these rules or by 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 therefore 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 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), (e), 60(b), and 60(c).

B. Pre-Deadline Requests — "Cause Shown"

When the request is made before the deadline expires, Rule 6(b)(1) gives the Court broad discretion to enlarge the time "for cause shown," and the motion may be made ex parte. Mississippi trial courts are afforded wide latitude in the management of their own dockets and the scheduling of proceedings before them.

C. Post-Deadline Requests — "Excusable Neglect"

When the request is made after the deadline has passed, Rule 6(b)(2) requires the movant to show "excusable neglect," and notice must be given to the other parties. The Mississippi Supreme Court has adopted the four-factor test set out in Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380, 395 (1993), for evaluating excusable neglect: (1) the danger of prejudice to the opposing party; (2) the length of the delay and its potential impact on judicial proceedings; (3) the reason for the delay, including whether it was within the movant's reasonable control; and (4) whether the movant acted in good faith. See Nunnery v. Nunnery, 195 So. 3d 747, 752 (¶ 15) (Miss. 2016) ("An excusable-neglect determination is at bottom an equitable one, taking account of all relevant circumstances surrounding the party's omission.").

D. Uniform Civil Rules

Under UCRCCC Rule 4.02(1) (Motion Practice), the original of the motion and all supporting affidavits and other evidentiary documents must be filed with the clerk in the county where the action is docketed, and the moving party must at the same time mail a copy to the presiding judge at the judge's mailing address. A proposed order must accompany the court's copy of any motion that may be heard ex parte or is to be granted by consent.

7. ARGUMENT

A. Cause Exists for the Requested Extension

[________________________________]

[________________________________]

[________________________________]

B. Movant Has Exercised Due Diligence

Throughout this litigation, Movant has diligently complied with court deadlines and procedural requirements. Specifically:

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

C. No Prejudice to the Non-Moving Party

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

1. The current trial date of [__/__/____] is unaffected by the proposed extension.

2. [________________________________] will retain ample time to prepare and respond.

3. No depositions, hearings, or other deadlines are impacted by the requested extension.

4. [________________________________]

D. The Interests of Justice Favor Granting the Extension

Granting this Motion will promote the fair and efficient administration of justice by allowing Movant to [________________________________]. Conversely, denying the Motion would [________________________________].

8. CONFERRAL WITH OPPOSING COUNSEL

☐ On [__/__/____], undersigned counsel conferred with [________________________________], counsel for [________________________________], who consents to this Motion. A proposed agreed 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. The stated basis for opposition is: [________________________________]

☐ Undersigned counsel made diligent attempts to confer with opposing counsel on [__/__/____] by [telephone / email / letter] but was unable to make contact. Additional attempts were made on: [________________________________]

☐ This Motion is filed ex parte before the deadline, as permitted by MRCP 6(b)(1).

9. 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.

10. SIGNATURE BLOCK

Respectfully submitted, this [____] day of [________________________________], 20[____].

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

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

11. PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSISSIPPI

[________________________________],
Plaintiff,

v.              Cause No. [________________________________]

[________________________________],
Defendant.

ORDER ON MOTION FOR EXTENSION OF TIME

THIS CAUSE having come before the Court on [________________________________]'s Motion for Extension of Time, and the Court having considered the Motion, [the consent of all parties / the arguments of the parties / the supporting affidavit], and the applicable law, finds as follows:

☐ GRANTED. The Court finds cause shown / excusable neglect and GRANTS the Motion. The deadline for [________________________________] is extended from [__/__/____] to [__/__/____]. All other deadlines in the case management order remain in full force and effect unless otherwise modified by the Court.

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

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

SO ORDERED, this [____] day of [________________________________], 20[____].

[________________________________]
Circuit Court Judge
[________________________________] County, Mississippi

12. CERTIFICATE OF SERVICE

I, [________________________________], attorney for [________________________________], do hereby certify that on [__/__/____], I filed the foregoing Motion for Extension of Time and Proposed Order and served a true and correct copy upon all counsel of record and unrepresented parties as follows:

☐ Via the Mississippi Electronic Courts (MEC) filing system, which provided automatic electronic notice to all registered counsel pursuant to Miss. R. Civ. P. 5(b)

☐ Via United States Mail, postage prepaid, addressed to:

☐ Via hand delivery to:

☐ Via facsimile to:

☐ Via electronic mail to:

Persons Served:

☐ A copy of this Motion and Proposed Order was mailed to the presiding judge at the following address, as required by UCRCCC Rule 4.02(1):

[________________________________]
[________________________________]
[________________________________]

[________________________________]
[________________________________], Mississippi Bar No. [________________________________]

13. SUPPORTING AFFIDAVIT (if required by the Court)

STATE OF MISSISSIPPI
COUNTY OF [________________________________]

BEFORE ME, the undersigned authority, personally appeared [________________________________], who, being first duly sworn, deposes and states:

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

2. The current deadline of [__/__/____] for [________________________________] was established by the Court's [order / case management order] dated [__/__/____].

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

4. I have exercised due diligence in seeking to comply with the current deadline, including: [________________________________]

5. I first became aware of the need for an extension on [__/__/____].

6. This Motion is filed in good faith, not for the purpose of delay, and not to gain unfair advantage.

7. ☐ Opposing counsel consents to the extension.
   ☐ Opposing counsel does not oppose the extension.
   ☐ Opposing counsel opposes the extension.

FURTHER AFFIANT SAYETH NOT.

[________________________________]
Affiant

SWORN TO AND SUBSCRIBED before me, this [____] day of [________________________________], 20[____].

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

[SEAL]

Sources and References

• Mississippi Rules of Civil Procedure, Rule 6(b) — Enlargement of Time
• Mississippi Rules of Civil Procedure, Rule 6(d) — Motions; notice and hearing timing
• Mississippi Rules of Civil Procedure, Rule 7(b) — Motions and Other Papers
• Mississippi Rules of Civil Procedure, Rule 5(b) — Service; how made
• Mississippi Rules of Civil Procedure, Rule 11 — Signing of Pleadings and Motions
• Uniform Civil Rules of Circuit and County Court Practice (UCRCCC):
• Rule 4.02 — Motion Practice (filing and service of motions; proposed orders)
• Nunnery v. Nunnery, 195 So. 3d 747 (Miss. 2016) — Adopts the Pioneer four-factor excusable-neglect test for Mississippi courts
• Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993) — Source of the four-factor excusable-neglect test
• Mississippi Electronic Courts (MEC): https://courts.ms.gov/mec/mec.php
• Mississippi Rules of Court: https://courts.ms.gov/research/rules/rules.php
• Mississippi Judiciary: https://courts.ms.gov/