New Jersey State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

Superior Court of New Jersey, Law Division, Civil Part

1. CAPTION

                         SUPERIOR COURT OF NEW JERSEY
                         LAW DIVISION, CIVIL PART
                         [________________________________] COUNTY

                         DOCKET NO.: [________________________________]

[________________________________],
               Plaintiff,

     v.                                     Civil Action

[________________________________],        NOTICE OF MOTION FOR
               Defendant.                  EXTENSION OF TIME

2. CASE INFORMATION

3. NOTICE OF MOTION

PLEASE TAKE NOTICE that on [__/__/____], at [____] a.m./p.m., or as soon thereafter as counsel may be heard, the undersigned attorney for [________________________________] ("Movant") shall move before the Honorable [________________________________], J.S.C., at the Superior Court of New Jersey, Law Division, [________________________________] County, located at [________________________________], for an Order:

1. Extending the time within which to [________________________________] from [__/__/____] to [__/__/____]; and

2. Granting such other and further relief as the Court deems just and equitable.

PLEASE TAKE FURTHER NOTICE that in support of this motion, Movant relies upon:

☐ The accompanying Certification of [________________________________]
☐ The accompanying Brief/Memorandum of Law
☐ The accompanying Proposed Form of Order
☐ Prior orders of this Court
☐ Other: [________________________________]

PLEASE TAKE FURTHER NOTICE that pursuant to R. 1:6-2(c), any opposing papers shall be filed and served no later than [__/__/____] (the Thursday preceding the noticed return date), and any reply papers shall be filed and served no later than [__/__/____] (the Tuesday preceding the noticed return date).

Dated: [__/__/____]

                              [________________________________]
                              [Law Firm Name]

                              By: ________________________________________
                                  [________________________________]
                                  NJ Attorney ID [________________________________]
                                  Attorney for [________________________________]
                              [________________________________]
                              [Street Address]
                              [________________________________], NJ [____]
                              Tel: [________________________________]
                              Email: [________________________________]

4. CERTIFICATION IN SUPPORT OF MOTION FOR EXTENSION OF TIME

(Pursuant to N.J. Court Rule 1:6-6 -- New Jersey practice requires certifications rather than affidavits for motions decided on papers)

I, [________________________________], of full age, hereby certify as follows:

1. I am an attorney at law of the State of New Jersey, NJ Attorney ID No. [________________________________], and a member of the firm of [________________________________], attorneys for [________________________________] in the above-captioned matter. I make this certification based on personal knowledge and in support of Movant's Motion for Extension of Time.

2. Current Deadline. Pursuant to [________________________________], the current deadline for [________________________________] is [__/__/____], as established by:

☐ The New Jersey Rules of Court, specifically R. [________________________________]
☐ Court Order dated [__/__/____]
☐ Case Management Order dated [__/__/____]
☐ Track Assignment Order dated [__/__/____]
☐ Other: [________________________________]

3. Proposed New Deadline. Movant respectfully requests an extension to [__/__/____], representing an additional [____] days.

4. Timing of Request.

☐ This motion is filed before expiration of the current deadline (governed by "good cause" standard under R. 1:3-4(a))
☐ This motion is filed after expiration of the current deadline (governed by "excusable neglect" standard under R. 1:3-4(a))

5. Grounds for Extension. The extension is necessary because (select all that apply):

☐ Complexity of the issues requiring additional research or preparation
☐ Volume of discovery materials to be reviewed or produced
☐ Unavailability of key witnesses, parties, or experts
☐ Scheduling conflicts of counsel
☐ Recent receipt of voluminous documents or supplemental discovery
☐ Need for expert consultation, retention, or report preparation
☐ Settlement negotiations are ongoing and productive
☐ Illness or medical emergency of counsel, party, or key witness
☐ Recently retained or substituted counsel requires time for case review
☐ Pending related proceedings that may affect this matter
☐ Other: [________________________________]

6. Specific Factual Basis.

a. [________________________________]
[________________________________]

b. [________________________________]
[________________________________]

c. [________________________________]
[________________________________]

7. Diligence. Movant has exercised due diligence in attempting to meet the current deadline, as follows:

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

8. Conferral with Opposing Counsel. On [__/__/____], I contacted [________________________________], counsel for [________________________________], regarding the requested extension.

☐ Opposing counsel does not oppose this motion.
☐ Opposing counsel consents to this motion.
☐ Opposing counsel opposes this motion. The stated grounds are: [________________________________]
☐ Opposing counsel takes no position.
☐ Opposing counsel could not be reached despite efforts on [__/__/____] and [__/__/____].

9. Prior Extensions. (Pursuant to R. 4:24-1(c), motions to extend discovery must annex copies of all prior extension orders or certify that none exist.)

☐ No prior extensions have been sought or granted for this or any related deadline.
☐ The following prior extensions have been sought or granted:

☐ Copies of all prior orders granting or denying extensions are attached as Exhibit [____].

10. Impact on Case Schedule.

☐ The requested extension will not affect the trial date, arbitration date, or other case management deadlines.
☐ The requested extension may affect: [________________________________]. Movant proposes: [________________________________].

11. No Prejudice. Granting this extension will not prejudice the opposing party because: [________________________________]

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Dated: [__/__/____]

                              ________________________________________
                              [________________________________]
                              NJ Attorney ID [________________________________]

5. LEGAL STANDARD

A. Rule 1:3-4(a) -- Enlargement of Time Generally

New Jersey Court Rule 1:3-4(a) provides that the court, for good cause shown, may extend the time for any act required or permitted to be done under the rules. When the application is made before the expiration of the prescribed period, the court may act with or without notice. When made after the time has expired, the movant must demonstrate excusable neglect. The determination of good cause or excusable neglect lies within the sound discretion of the trial court. See Baumann v. Marinaro, 95 N.J. 380 (1984).

B. Rule 1:3-4(b) -- Enlargement for Appeal and Review

Extensions of time for appeals and certain review proceedings are governed by specific rules referenced in R. 1:3-4(b), including R. 2:4-4 (appeals to the Supreme Court and Appellate Division).

C. Rule 1:3-4(c) -- Enlargements Prohibited

Neither the parties nor the court may enlarge the time specified for certain post-judgment motions, including motions under R. 4:49-1(b) (new trial), R. 4:49-2 (alter or amend judgment), and R. 4:50-1 (relief from judgment).

D. Discovery Extension -- Rule 4:24

Under R. 4:24-1(c), a motion to extend the discovery period must be accompanied by copies of all prior orders granting or denying an extension of the discovery period, or a certification that there have been no such prior orders. The court may extend discovery on consent or for good cause shown.

6. ARGUMENT

A. Good Cause / Excusable Neglect Exists

[________________________________]
[________________________________]
[________________________________]

B. Movant Has Acted Diligently

[________________________________]
[________________________________]

C. Absence of Prejudice to Opposing Party

Granting this extension will not prejudice the opposing party because:

☐ The trial/arbitration date of [__/__/____] will not be affected
☐ No other case management deadlines will be impacted
☐ The discovery period remains open
☐ Opposing counsel does not object or has identified no concrete prejudice
☐ The extension is modest in duration ([____] days)
☐ Other: [________________________________]

D. Interests of Justice Favor the Extension

[________________________________]
[________________________________]

7. PREJUDICE ANALYSIS

8. RELIEF REQUESTED

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

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

2. Maintaining all other existing deadlines and case management orders in full force and effect;

3. Granting such other and further relief as the Court deems just and equitable.

9. PROPOSED FORM OF ORDER

                         SUPERIOR COURT OF NEW JERSEY
                         LAW DIVISION, CIVIL PART
                         [________________________________] COUNTY

                         DOCKET NO.: [________________________________]

[________________________________],
               Plaintiff,

     v.                                     Civil Action

[________________________________],
               Defendant.                   ORDER

     THIS MATTER having been opened to the Court upon the Motion of
[________________________________], attorneys for [________________________________],
for an extension of time to [________________________________]; and the Court
having considered the papers submitted; and for good cause shown;

     IT IS on this [____] day of [________________________________], [____],

     ORDERED that the Motion for Extension of Time is hereby:

     ☐ GRANTED. The deadline for [________________________________]
       is extended from [__/__/____] to [__/__/____].
       All other provisions of prior orders remain in full force and effect.

     ☐ GRANTED IN PART. The deadline for [________________________________]
       is extended from [__/__/____] to [__/__/____].
       Additional conditions: [________________________________]

     ☐ DENIED.
       Reason: [________________________________]


                              ________________________________________
                              Hon. [________________________________], J.S.C.

     ☐ Opposed      ☐ Unopposed

10. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Law Firm Name]

Dated: [__/__/____]

By: ________________________________________
    [________________________________]
    NJ Attorney ID [________________________________]
    Attorney for [________________________________]
[________________________________]
[Street Address]
[________________________________], New Jersey [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

11. CERTIFICATE OF SERVICE

I, [________________________________], NJ Attorney ID No. [________________________________], hereby certify that on [__/__/____], I caused the foregoing Notice of Motion, Certification, Proposed Order, and all supporting papers to be served upon all counsel of record and unrepresented parties as follows:

Method of Filing:
☐ eCourts electronic filing system (pursuant to R. 1:5-2)
☐ Personal delivery to the Clerk's Office

Method of Service:

☐ Electronic service through the eCourts system upon all registered attorneys, which constitutes valid service pursuant to R. 1:5-2.

☐ Additional service on parties not registered for electronic service:

________________________________________
[________________________________]
NJ Attorney ID [________________________________]

12. PRACTICE NOTES FOR NEW JERSEY ATTORNEYS

A. Key Rule References

• R. 1:3-4 governs enlargement of time for all acts required or permitted under the rules.
• R. 1:6-2 specifies the form, filing, and service requirements for motions in the trial courts. All motions must be returnable on a Friday unless otherwise ordered.
• R. 1:6-3 requires that the notice of motion, supporting brief, certifications, and proposed form of order be served at least 16 days before the return date. Opposition papers must be served by the Thursday before the return date, and reply papers by the Tuesday preceding the return date.
• R. 1:6-6 requires that motions decided on the papers be supported by certifications (not affidavits) based on personal knowledge.
• R. 4:24-1 governs discovery time limits by track assignment and requires that any motion to extend discovery annex all prior extension orders.

B. Motion Return Dates

• New Jersey motions are generally returnable on Fridays unless the court assigns a different motion day. Check with the Civil Division office for the specific court's motion schedule.
• An expedited or emergent application may be filed for a shorter return date if circumstances warrant.

C. Track Assignments and Discovery Deadlines

• Track I: 150 days from service of the answer
• Track II: 300 days from service of the answer
• Track III: 450 days from service of the answer
• Track IV: 600 days from service of the answer
• Extensions beyond the track time limits require a showing of exceptional circumstances under R. 4:24-1(c).

D. Certification vs. Affidavit

• New Jersey practice strongly favors certifications over affidavits for motion practice. Under R. 1:6-6, facts relied upon in support of or in opposition to a motion decided on papers must be stated in a certification made on personal knowledge. Use the certification format: "I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment."

E. Consent Orders

• If all parties agree to the extension, a consent order may be submitted directly to the court without the need for formal motion practice, which is generally more efficient. The consent order should recite that all parties consent and must be signed by all counsel.

Sources and References

• New Jersey Court Rule 1:3-4 (Enlargement of Time): https://www.njcourts.gov/attorneys/rules-of-court
• New Jersey Court Rule 1:6 (Motions and Briefs): https://www.courtcaddy.com/nj/court-rules/r1-6.html
• New Jersey Court Rule 4:24 (Discovery Time Limits): http://www.courtcaddy.com/nj/court-rules/r4-24.html
• Baumann v. Marinaro, 95 N.J. 380 (1984) (good cause / excusable neglect standard)
• New Jersey eCourts Filing System: https://www.njcourts.gov/attorneys/ecourts