Templates Litigation Court Documents State Court Motion for Extension of Time
State Court Motion for Extension of Time
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0. ATTORNEY VALIDATION CERTIFICATE

I, [Attorney Name], certify that I have reviewed the current statutes, statewide procedural rules, and local rules governing deadline modifications in this matter on [REVIEW_DATE]; that the factual statements in this motion are accurate to the best of my knowledge; that applicable notice or conferral requirements have been satisfied or will be satisfied as represented below; and that I approve this motion for filing on behalf of [Client Name].

Signature: _____ Date: ___

Printed Name: _____ Bar No.: ____

MOTION FOR EXTENSION OF TIME

(In the [JUDICIAL_DISTRICT] Judicial District Court, [COUNTY_NAME] County, Montana)

1. CAPTION

text
MONTANA [JUDICIAL_DISTRICT] JUDICIAL DISTRICT COURT
IN AND FOR [COUNTY_NAME] COUNTY
Cause No. [CAUSE_NUMBER]

[PLAINTIFF_NAME],
Plaintiff,

v.

[DEFENDANT_NAME],
Defendant.

2. MOTION

[Movant] respectfully moves the Court under Montana Rule of Civil Procedure 6(b) to extend the deadline for [describe act] from [CURRENT_DEADLINE] to [PROPOSED_NEW_DEADLINE].

3. FACTUAL BASIS

  1. The Court’s [order/scheduling order] dated [ORDER_DATE] established the current deadline.
  2. [Movant] has diligently [describe actions], including [FACT_DETAIL].
  3. Additional time is required because [REASONS], despite diligent efforts.
  4. Counsel conferred with [Opposing Counsel] on [DATE]; [Opposing Party] [consents / does not oppose / objects].

4. LEGAL STANDARD

Rule 6(b) permits the Court to enlarge time for good cause when the motion is made before expiration, and for excusable neglect when made afterward. Montana courts consider diligence, prejudice, and the interests of justice.

5. ARGUMENT

  1. Good Cause/Excusable Neglect. [Explain supporting facts].
  2. Diligence. [Detail steps taken promptly to comply].
  3. No Prejudice. The requested extension will not prejudice [Non-Movant]; trial remains set for [TRIAL_DATE].

6. REQUESTED RELIEF

WHEREFORE, [Movant] requests that the Court extend the deadline for [describe act] to [PROPOSED_NEW_DEADLINE] and grant such other relief as is just.

7. PROPOSED ORDER

text
MONTANA [JUDICIAL_DISTRICT] JUDICIAL DISTRICT COURT
IN AND FOR [COUNTY_NAME] COUNTY
Cause No. [CAUSE_NUMBER]

[PLAINTIFF_NAME],
Plaintiff,

v.

[DEFENDANT_NAME],
Defendant.

ORDER GRANTING MOTION FOR EXTENSION OF TIME

The Court, having considered [Movant]'s Motion for Extension of Time and finding good cause, ORDERS that the motion is GRANTED. The deadline for [describe act] is extended to [PROPOSED_NEW_DEADLINE]. All other deadlines remain in effect.

DATED this ___ day of ____, [YEAR].


[JUDGE_NAME]
District Court Judge

8. SIGNATURE BLOCK

text
Respectfully submitted,

[LAW_FIRM_NAME]
[STREET_ADDRESS]
[City], Montana [ZIP]
Telephone: [PHONE]
Email: [EMAIL]

By: ______
[ATTORNEY_NAME]
Montana Bar No. [BAR_NUMBER]
Attorney for [MOVING_PARTY_NAME]
Date:
____, [YEAR]

9. CERTIFICATE OF SERVICE

I certify that on [SERVICE_DATE] the foregoing was served via [Montana Courts e-filing / electronic mail / U.S. Mail] pursuant to Mont. R. Civ. P. 5(b) on:

Name Address/Email Method
[RECIPIENT_NAME] [CONTACT_INFORMATION] [SERVICE_METHOD]

[ATTORNEY_NAME]

11. SAMPLE GOOD CAUSE NARRATIVE (TAILOR BEFORE FILING)

On March 12, 2024, [Movant] received 3,400 pages of supplemental records from a third-party provider. The materials revealed new witnesses and data points requiring expert analysis. [Movant] immediately retained the appropriate expert, who was first available on [EXPERT_MEETING_DATE], and coordinated with opposing counsel to schedule any follow-up discovery. Absent a short extension of the current [CURRENT_DEADLINE] to [PROPOSED_NEW_DEADLINE], [Movant] cannot incorporate the new information into required submissions. Opposing counsel was contacted on [CONFERRAL_DATE] but declined to stipulate, identifying no concrete prejudice beyond a preference to maintain the existing schedule.

12. MITIGATION COMMITMENT TEMPLATE

  1. Maintain the existing trial or dispositive motion dates unless the Court directs otherwise.
  2. Produce all outstanding discovery or supplemental disclosures no later than [COMMITMENT_DATE].
  3. Offer supplemental deposition or interview availability for affected witnesses during [DATE_RANGE] at [LOCATION].
  4. Provide a status update letter to the Court and opposing counsel within [STATUS_UPDATE_WINDOW] days of the new deadline.
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