North Carolina State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

STATE OF NORTH CAROLINA — GENERAL COURT OF JUSTICE

1. CAPTION

STATE OF NORTH CAROLINA

COUNTY OF [________________________________]

IN THE GENERAL COURT OF JUSTICE

☐ SUPERIOR COURT DIVISION — File No. [________________________________]

☐ DISTRICT COURT DIVISION — File No. [________________________________]

2. MOTION FOR EXTENSION OF TIME

COMES NOW [________________________________] ("Movant"), by and through undersigned counsel, and pursuant to N.C. Gen. Stat. Section 1A-1, Rule 6(b), respectfully moves this Honorable Court for an Order enlarging the time 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 respectfully shows the Court 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, Rule of Civil Procedure, Case Management Order), entered on [__/__/____].

3. This matter is assigned to the Honorable [________________________________], [Superior/District] Court Judge.

4. The matter is currently calendared for trial during the [________________________________] session of [Superior/District] Court beginning [__/__/____].

5. 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

☐ Recently produced documents or supplemental disclosures necessitating additional analysis

☐ Scheduling conflicts among counsel preventing timely completion of the required act

☐ Unavailability of key witnesses for deposition, interview, or consultation

☐ Ongoing mediation or settlement discussions that may resolve or narrow the issues

☐ Complexity of legal issues requiring additional research and briefing

☐ Retention of expert witnesses requiring engagement and preparation time

☐ 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

☐ Conflicting court calendar obligations in other pending matters

☐ Outstanding third-party discovery responses or subpoena compliance

☐ Need for additional time to respond to recently filed motions or amended pleadings

☐ Other: [________________________________]

5. STATEMENT OF GOOD CAUSE

A. Statutory Standard — Rule 6(b)

North Carolina General Statute Section 1A-1, Rule 6(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 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. Upon motion made after the expiration of the specified period, the judge may permit the act to be done where the failure to act was the result of excusable neglect."

B. Important Distinction — Rule Deadlines vs. Court Order Deadlines

Practitioners should note: Rule 6(b) applies to deadlines established by the North Carolina Rules of Civil Procedure. Deadlines imposed by court order may require modification through a motion under Rule 59 or Rule 60 rather than Rule 6(b). This Motion addresses a deadline established by:

☐ The North Carolina Rules of Civil Procedure (Rule 6(b) applies directly)

☐ A Court Order or Case Management Order (requesting modification under the Court's inherent authority and/or Rule 60(b))

C. Stipulation Authority Under Rule 6(b)

Rule 6(b) permits parties to enter into binding stipulations without court approval enlarging the time for an act required under the Rules, provided the aggregate enlargement does not exceed 30 days.

☐ The parties have already stipulated to [____] days of extension, and this Motion seeks additional time beyond the 30-day stipulation limit.

☐ This Motion is filed in lieu of a stipulation because opposing counsel does not consent.

D. Timing of This Motion

☐ This Motion is filed before the expiration of the current deadline. Movant demonstrates "cause shown" as required by Rule 6(b).

☐ This Motion is filed after the expiration of the current deadline. Movant demonstrates "excusable neglect" as required by Rule 6(b).

E. Specific Factual Basis for Good Cause

[________________________________]

[Provide a detailed narrative of the specific circumstances warranting the extension. North Carolina 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.]

F. 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 North Carolina law, excusable neglect requires a showing that the failure to act was not due to the party's own carelessness or indifference but resulted from circumstances beyond the party's reasonable control.

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.]

☐ The parties have entered into a written stipulation extending the deadline by [____] days (not exceeding 30 days in the aggregate) pursuant to Rule 6(b), attached hereto as Exhibit [____].

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 calendar date of [__/__/____] will not be affected by the requested extension.

2. No other deadlines in the Case Management Order will require modification.

3. The opposing party will retain adequate time to respond to any filings made within the extended period.

4. [________________________________]

9. IMPACT ON CASE SCHEDULE

☐ The requested extension will not require modification of the Court's existing Case Management Order or trial calendar.

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

10. NON-EXTENDABLE DEADLINES — RULE 6(b) LIMITATIONS

Movant acknowledges that neither the Court nor the parties may extend the time for taking action under the following North Carolina Rules of Civil Procedure: Rule 50(b) (renewed motions for judgment as a matter of law), Rule 52 (findings and conclusions), Rule 59(b), (d), and (e) (new trial motions), and Rule 60(b) (relief from judgment), except to the extent and under the conditions stated therein. 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 this [____] day of [________________], [________].

[________________________________]
[Law Firm Name]

[________________________________]
[Street Address]

[________________________________], North Carolina [__________]

Telephone: [________________________________]

Facsimile: [________________________________]

Email: [________________________________]

By: ________________________________________

[________________________________]
Attorney Name

North Carolina State Bar No. [________________________________]

Attorney for [________________________________]

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)

STATE OF NORTH CAROLINA
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]

Sworn to and subscribed before me this [____] day of [________________], [________].

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

15. PROPOSED ORDER

STATE OF NORTH CAROLINA

COUNTY OF [________________________________]

IN THE GENERAL COURT OF JUSTICE

[SUPERIOR/DISTRICT] COURT 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 N.C. Gen. Stat. Section 1A-1, Rule 6(b).

The Court, having reviewed the Motion and any responses thereto, and being otherwise fully advised, 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 calendar.

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 Case Management Order dated [__/__/____] remain in full force and effect unless otherwise modified by the Court.

4. [________________________________]

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

________________________________________
Honorable [________________________________]
[Superior/District] Court Judge Presiding

16. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Motion for Extension of Time and Proposed Order upon all parties or their counsel of record by the following methods:

☐ N.C. eCourts File & Serve — Electronic service on all registered counsel pursuant to N.C. Gen. Stat. Section 1A-1, Rule 5(b1)

☐ Electronic Mail — Transmitted to the email addresses listed below

☐ United States Mail — First-class mail, postage prepaid, to the addresses listed below

☐ Hand Delivery — Delivered to the persons listed below

________________________________________
[Attorney Name]
North Carolina State Bar No. [________________________________]

17. PRACTICE NOTES FOR NORTH CAROLINA PRACTITIONERS

Key Rules and Distinctions

• Rule 6(b) — Enlargement: Applies to deadlines set by the North Carolina Rules of Civil Procedure. Before-expiration requests require "cause shown." After-expiration requests require "excusable neglect."

• Rule 6(b) — 30-Day Stipulation: Parties may stipulate to enlarge deadlines up to 30 days in the aggregate without court approval. Beyond 30 days, a court order is required.

• Court Order Deadlines: Deadlines imposed by court orders (including case management orders) may need to be modified under Rule 59 or Rule 60, not Rule 6(b). Practitioners should identify the source of the deadline before selecting the procedural vehicle.

• Rule 6(a) — Computation: 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 recognized by N.C. Gen. Stat. Section 103-4.

• Rule 6(d) — Service Requirements: Written motions (other than those heard ex parte) and notice of hearing must be served at least 5 days before the hearing.

• Rule 5(b1) — Electronic Service: The N.C. eCourts system provides for electronic filing and service. Consult local rules for mandatory eFiling requirements.

Non-Extendable Deadlines

The following deadlines cannot be extended under Rule 6(b):

• Rule 50(b) — Renewed motions for judgment as a matter of law
• Rule 52 — Findings by the court
• Rule 59(b), (d), (e) — New trial motions
• Rule 60(b) — Relief from judgment or order

Local Rules

Many North Carolina judicial districts have local rules that impose additional requirements for motions practice, including conferral requirements, page limits, and hearing procedures. Always check the local rules for the specific county and division before filing.

Sources and References

• N.C. Gen. Stat. Section 1A-1, Rule 6 (Time): https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_1a/gs_1a-1,_rule_6.html
• North Carolina Rules of Civil Procedure — Full Chapter 1A: https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_1a.html
• North Carolina Courts — Local Rules and Forms: https://www.nccourts.gov/documents/local-rules-and-forms
• N.C. eCourts File & Serve: https://www.nccourts.gov/services/ecourts