North Dakota State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

North Dakota District Court

IMPORTANT PRACTICE NOTES FOR NORTH DAKOTA PRACTITIONERS

Governing Rule: N.D.R.Civ.P. 6(b) governs enlargement of time in North Dakota district courts. The rule provides two distinct standards:

1. Before Deadline Expiration: The court may enlarge time "for cause shown" with or without motion or notice, provided the request is made before the original period (or any extension thereof) expires.

2. After Deadline Expiration: The court may permit the act to be done only "upon motion made after the expiration of the specified period" and only where the failure to act was the result of "excusable neglect."

Non-Extendable Deadlines: N.D.R.Civ.P. 6(b) expressly prohibits extensions of time under Rules 4(e)(7), 52(b), 59(c)(i) and (j), and 60(b), except as those rules themselves permit.

Motion Notice Requirement: Under N.D.R.Civ.P. 6(d), a written motion and notice of hearing must be served at least 18 days before the hearing date, unless a different period is fixed by rule or court order.

Electronic Filing: North Dakota uses the Odyssey eFileND system. Pursuant to N.D.R.Ct. 3.2, documents must be filed electronically in courts that have implemented the e-filing system.

Conferral Obligation: While no statewide rule mandates pre-filing conferral for extension motions, many judicial districts have local rules requiring good-faith conferral. Check the applicable local rules for the judicial district in which your case is pending.

CAPTION

STATE OF NORTH DAKOTA                    )    IN DISTRICT COURT
                                         )
COUNTY OF [________________________________] )    [____] JUDICIAL DISTRICT
                                         )
                                         )    Case No. [________________________________]
[________________________________],      )
          Plaintiff,                     )
                                         )
     v.                                  )
                                         )
[________________________________],      )
          Defendant.                     )

MOTION FOR EXTENSION OF TIME

TO THE HONORABLE COURT:

[________________________________] ("Movant"), by and through undersigned counsel, respectfully moves this Court pursuant to North Dakota Rule of Civil Procedure 6(b) for an order extending the deadline for [________________________________] from [__/__/____] to [__/__/____], and in support thereof states as follows:

I. INTRODUCTION AND PROCEDURAL BACKGROUND

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

2. This matter is currently assigned to the Honorable [________________________________], District Judge.

3. The Court's [☐ Scheduling Order / ☐ Case Management Order / ☐ Other Order] dated [__/__/____] established the current deadline of [__/__/____] for [________________________________].

4. The current deadline [☐ has not yet expired / ☐ expired on [__/__/____]].

5. Trial in this matter is currently scheduled for [__/__/____]. The requested extension will not affect the trial date.

II. IDENTIFICATION OF DEADLINE SOUGHT TO BE EXTENDED

6. Movant seeks an extension of the following deadline:

III. GROUNDS FOR EXTENSION

7. The extension is sought on the following grounds (check all that apply):

☐ Volume and complexity of discovery materials requiring additional review

☐ Recently produced documents by opposing party or third party require analysis

☐ Expert witness scheduling conflicts or need for additional expert analysis

☐ Complexity of legal issues requiring additional research and briefing

☐ Illness or unavailability of counsel, party, or essential witness

☐ Ongoing settlement negotiations that may render the deadline moot

☐ Coordination required with co-parties or co-counsel

☐ Newly discovered evidence or facts requiring investigation

☐ Court calendar conflict or rescheduled hearing date

☐ Substitution or addition of counsel requiring time for new counsel to prepare

☐ Third-party records or subpoena compliance delays

☐ Other: [________________________________]

8. Specific factual basis for extension: [________________________________]

IV. GOOD CAUSE / EXCUSABLE NEGLECT

A. If the Deadline Has Not Yet Expired (Good Cause Standard)

9. Pursuant to N.D.R.Civ.P. 6(b)(1), Movant demonstrates good cause for enlargement as follows:

a. Nature of the Cause: [________________________________]

b. Diligence Exercised: Movant has diligently pursued compliance with the current deadline by [________________________________], including the following specific steps:

(i) [________________________________]

(ii) [________________________________]

(iii) [________________________________]

c. Circumstances Beyond Control: The need for additional time arises from circumstances [☐ beyond Movant's control / ☐ not reasonably foreseeable at the time the deadline was set], specifically: [________________________________]

B. If the Deadline Has Already Expired (Excusable Neglect Standard)

10. Pursuant to N.D.R.Civ.P. 6(b)(2), Movant demonstrates excusable neglect as follows:

a. Reason for Failure to Act Timely: [________________________________]

b. Length of Delay: The deadline expired [____] days ago on [__/__/____].

c. Good Faith: The failure to act was not the result of bad faith, willful disregard, or deliberate delay, but rather: [________________________________]

d. Prejudice to Non-Movant: The delay has not caused and will not cause prejudice to the opposing party because: [________________________________]

e. Meritorious Claim or Defense: Movant has a meritorious [☐ claim / ☐ defense] as demonstrated by: [________________________________]

V. ABSENCE OF PREJUDICE TO OPPOSING PARTY

11. Granting the requested extension will not prejudice [________________________________] ("Non-Movant") because:

a. ☐ The trial date of [__/__/____] will not be affected.

b. ☐ All other scheduling order deadlines remain achievable.

c. ☐ Non-Movant's ability to prepare its case will not be impaired.

d. ☐ No depositions or hearings will need to be rescheduled.

e. ☐ The extension is relatively brief ([____] days).

f. ☐ Non-Movant has indicated [☐ consent / ☐ no opposition] to the extension.

g. ☐ Other: [________________________________]

VI. PRIOR EXTENSIONS

12. Movant discloses the following history of extension requests in this matter:

☐ No prior extensions have been requested by Movant for any deadline in this case.

☐ The following prior extensions have been requested:

VII. OPPOSING PARTY'S POSITION

13. Pursuant to good-faith conferral efforts:

☐ Movant's counsel conferred with opposing counsel on [__/__/____] by [☐ telephone / ☐ email / ☐ in person], and opposing counsel [☐ consents / ☐ does not oppose / ☐ objects] to the requested extension.

☐ Movant's counsel made good-faith efforts to confer with opposing counsel on [__/__/____] and [__/__/____] by [________________________________], but was unable to reach opposing counsel. Copies of communications are attached as Exhibit [____].

☐ Opposing party is proceeding pro se. Movant served notice of this motion on the opposing party on [__/__/____].

14. If opposing counsel objects, the stated basis for objection is: [________________________________]

VIII. PROPOSED MODIFIED SCHEDULE

15. Movant proposes the following modified schedule to accommodate the extension:

IX. LEGAL AUTHORITY

16. N.D.R.Civ.P. 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 (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 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."

17. North Dakota courts apply a flexible standard that considers the totality of the circumstances, including the reason for the delay, the length of the delay, whether the movant acted in good faith, and whether the opposing party will suffer prejudice. See Heng v. Rosenblum, 2022 ND 62 (discussing factors for excusable neglect analysis).

18. The North Dakota Supreme Court has consistently held that the rules of civil procedure should be construed to secure the just, speedy, and inexpensive determination of every action, and that technical defaults should not deprive a party of its day in court when no prejudice results. N.D.R.Civ.P. 1.

X. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Court enter an order:

a. Extending the deadline for [________________________________] from [__/__/____] to [__/__/____];

b. Modifying the scheduling order as set forth in Section VIII above, if applicable;

c. Granting such other and further relief as the Court deems just and proper.

SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[________________________________] (Law Firm)
[________________________________] (Street Address)
[________________________________], North Dakota [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
    [________________________________]
    ND Bar ID No. [________________________________]
    Attorney for [☐ Plaintiff / ☐ Defendant]
    [________________________________]

Dated: [__/__/____]

DECLARATION OF COUNSEL IN SUPPORT OF MOTION

I, [________________________________], declare under penalty of perjury pursuant to N.D.C.C. Section 31-15-05 as follows:

1. I am a member of the State Bar of North Dakota, Bar ID No. [________________________________], and counsel of record for [________________________________] in this action.

2. The facts stated in this Motion are true and correct to the best of my knowledge, information, and belief.

3. I have personally reviewed the applicable deadlines, the current status of the case, and the scheduling order entered in this matter.

4. The extension requested herein is sought in good faith and not for the purpose of delay or to gain any unfair advantage.

5. I certify that the conferral efforts described in Section VII of this Motion are accurate.

6. [Additional facts in support: ________________________________]

I declare under penalty of perjury that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], North Dakota.

________________________________________
[________________________________]
ND Bar ID No. [________________________________]

PROPOSED ORDER

STATE OF NORTH DAKOTA                    )    IN DISTRICT COURT
                                         )
COUNTY OF [________________________________] )    [____] JUDICIAL DISTRICT
                                         )
                                         )    Case No. [________________________________]
[________________________________],      )
          Plaintiff,                     )
                                         )
     v.                                  )
                                         )
[________________________________],      )
          Defendant.                     )


              ORDER ON MOTION FOR EXTENSION OF TIME

     THIS MATTER having come before the Court on Movant's Motion for
Extension of Time filed [__/__/____], the Court having reviewed the
motion, any response filed thereto, and being otherwise fully advised
in the premises;

     THE COURT FINDS that:

     ☐ Good cause has been shown for the requested extension.
     ☐ Excusable neglect has been demonstrated for the late request.
     ☐ The extension will not prejudice the opposing party.
     ☐ The extension will not disrupt the trial schedule.

     IT IS HEREBY ORDERED that:

     1. The Motion for Extension of Time is ☐ GRANTED / ☐ DENIED.

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

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

     4. ☐ The following additional schedule modifications are ordered:
        [________________________________]

     5. ☐ Other: [________________________________]


     Dated this _______ day of __________________________, 20_____.

     BY THE COURT:

     ________________________________________
     Honorable [________________________________]
     District Judge

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 with the Clerk of District Court and served upon all parties of record as follows:

Method of Filing: ☐ Odyssey eFileND Electronic Filing System

Service upon the following parties:

Service was made in accordance with N.D.R.Civ.P. 5(b).

________________________________________
[________________________________]
ND Bar ID No. [________________________________]

PRACTICE GUIDANCE FOR NORTH DAKOTA EXTENSION MOTIONS

Timing Considerations

• File the motion well before the deadline expires whenever possible. Courts are far more receptive to timely requests demonstrating foresight.
• Under N.D.R.Civ.P. 6(d), serve the motion and notice of hearing at least 18 days before the hearing, unless the court shortens the period.
• If the deadline has already passed, file immediately — the longer the delay, the harder it is to demonstrate excusable neglect.

Good Cause Factors

North Dakota courts consider the following when evaluating good cause:

• The reason for the requested extension
• Whether the movant exercised due diligence
• Whether the opposing party will suffer prejudice
• Whether prior extensions have been granted
• The impact on the court's docket and scheduling order
• Whether the case involves complex issues warranting additional time

Common Pitfalls

• Failing to confer with opposing counsel before filing (check local rules)
• Requesting extensions without specific justification
• Filing after the deadline without addressing the excusable neglect standard
• Failing to disclose prior extension requests
• Not proposing a specific new deadline

E-Filing Notes

• North Dakota district courts use the Odyssey eFileND system
• Ensure the proposed order is uploaded as a separate document
• Verify the correct case number and judicial district before filing
• Service through eFileND satisfies the electronic service requirements of N.D.R.Civ.P. 5(b)

Sources and References

• N.D.R.Civ.P. 6 — Computing and Extending Time
• North Dakota Rules of Civil Procedure — Full Index
• N.D.R.Civ.P. 5 — Service and Filing
• North Dakota Court System — Continuance/Extension Self-Help Forms (Rev. May 2024)
• North Dakota Court Rules — General Index