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) ("Extending Time") governs enlargement of time in North Dakota district courts. As currently in force (amended effective March 1, 2011, and unchanged since), Rule 6(b)(1) states a single, unified standard: "When an act may or must be done within a specified time, the court may, for good cause, extend the time." North Dakota's rule does not carry forward the FRCP's separate "excusable neglect" subsection for post-deadline requests — a single "good cause" standard applies whether the motion is made before or after the deadline expires, though practitioners should expect courts to scrutinize post-deadline requests more closely and to expect an explanation for the delay as part of the good-cause showing.

Non-Extendable Deadlines: N.D.R.Civ.P. 6(b)(1) expressly prohibits extending the time to act under Rules 4(e)(7), 50(b) and (d), 52(b), 59(i) and (j), and 60(b).

Motion Notice Requirement: Under N.D.R.Ct. 3.2(a)(3), if an evidentiary hearing is requested in a civil action, notice must be served at least 21 days before the time specified for the hearing (increased from 18 to 21 days effective March 1, 2011). Motions submitted on briefs (the more common practice for extension-of-time motions) instead follow the briefing schedule of N.D.R.Ct. 3.2(a)(2): 14 days for an opposing brief, 7 days for a reply.

Electronic Filing: North Dakota district courts require electronic filing through the Odyssey e-filing system pursuant to N.D.R.Ct. 3.5 (Electronic Filing in District Courts) and N.D.R.Civ.P. 5(d)(1); electronic service on attorneys is likewise governed by N.D.R.Ct. 3.5(e). Self-represented litigants and prisoners are exempt from mandatory e-filing but may opt in.

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
COUNTY OF [________________________________]
IN DISTRICT COURT
[____] JUDICIAL DISTRICT

Case No. [________________________________]

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 FOR ENLARGEMENT

A. If the Deadline Has Not Yet Expired

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 (Additional Showing Required)

10. Because the deadline has already expired, Movant additionally demonstrates good cause for the late request, including the reason for the delay, as follows, pursuant to N.D.R.Civ.P. 6(b)(1):

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)(1) provides:

"When an act may or must be done within a specified time, the court may, for good cause, extend the time; [Rules 4(e)(7)], [50(b) and (d)], [52(b)], [59(i) and (j)], and [60(b)]."

17. North Dakota courts apply a flexible, totality-of-the-circumstances standard when evaluating a showing of good cause under Rule 6(b), including the reason for the delay, the length of the delay, whether the movant acted in good faith and with diligence, and whether the opposing party will suffer prejudice. Counsel should cite controlling North Dakota Supreme Court authority applying Rule 6(b) to the specific deadline and procedural posture at issue in this action.

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. 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
COUNTY OF [________________________________]
IN DISTRICT COURT
[____] JUDICIAL DISTRICT

Case No. [________________________________]

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.

☐ 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 Electronic Filing System (N.D.R.Ct. 3.5)

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.
• If an evidentiary hearing is requested, serve the motion and notice of hearing at least 21 days before the hearing under N.D.R.Ct. 3.2(a)(3), unless the court shortens the period; most extension motions instead proceed on the standard briefing schedule of N.D.R.Ct. 3.2(a)(2) (14 days to respond, 7 days to reply) and are decided on the papers.
• If the deadline has already passed, file immediately — the longer the delay, the harder it is to demonstrate good cause for the late request.

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 why the delay itself constitutes good cause
• Failing to disclose prior extension requests
• Not proposing a specific new deadline

E-Filing Notes

• North Dakota district courts require electronic filing through the Odyssey e-filing system under N.D.R.Ct. 3.5 and N.D.R.Civ.P. 5(d)(1)
• Ensure the proposed order is uploaded as a separate document
• Verify the correct case number and judicial district before filing
• Electronic service through the Odyssey system, as governed by N.D.R.Ct. 3.5(e), satisfies the 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
• N.D.R.Ct. 3.2 — Motions
• N.D.R.Ct. 3.5 — Electronic Filing in District Courts
• N.D.C.C. Chapter 31-15 — Uniform Unsworn Domestic Declarations Act
• North Dakota Court System — Continuance/Extension Self-Help Forms (Rev. May 2024)
• North Dakota Court Rules — General Index