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.: [________________________________]

NOTICE OF MOTION FOR 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. 1:6-3(a), any opposing papers shall be filed and served no later than [__/__/____] (8 days before the return date -- the Thursday preceding a Friday return date), and any reply papers shall be filed and served no later than [__/__/____] (4 days before the return date -- the Monday preceding a Friday return date).

Oral argument under R. 1:6-2(d): ☐ Movant requests oral argument. ☐ Movant does not request oral argument. If this motion concerns pretrial discovery or the calendar, reasons for requesting argument: [________________________________].

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

(R. 1:6-6 permits affidavits based on personal knowledge; R. 1:4-4(b) permits a certification in lieu of an affidavit.)

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 to extend discovery is filed and made returnable before the discovery period ends under R. 4:24-1(c); state whether an arbitration or trial date has been fixed: [________________________________].
☐ The discovery period has ended. R. 4:24-1(c) requires an extension motion to be made returnable before the end date. Identify the separate basis, if any, for relief and any fixed arbitration or trial date: [________________________________].
☐ This request concerns another deadline; analyze R. 1:3-4(a) and the rule or order setting that deadline separately.

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: [________________________________]

If extending discovery: Identify each item still outstanding, why it was not completed during the discovery period, and a proposed completion date for each: [________________________________]. Include those items and dates in the proposed order.

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, unless otherwise expressly provided by rule, a period of time fixed for the doing of an act may be enlarged before or after its expiration by court order on notice or, unless the court has otherwise ordered, by written consent of the parties. Courts applying this rule require a showing of good cause for the enlargement, and the more a request is made after the original deadline has passed, the more the movant's explanation for the delay bears on whether that good-cause showing has been made; the determination lies within the sound discretion of the trial court.

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. 4:50-2 (time for relief from judgment).

D. Discovery Extension -- Rule 4:24

Under R. 4:24-1(c), a motion to extend discovery must be accompanied by copies of all prior orders granting or denying an extension, or a certification that there are none. Before discovery ends, the parties may consent to an additional 60 days by filing a stipulation or a writing signed by one party and copied to all parties confirming consent. A contested or longer extension requires a motion filed and made returnable before the discovery period ends. The proposed order should identify unfinished discovery and proposed completion dates. Explain why discovery was not completed and the movant's diligence. Good cause ordinarily governs a timely motion before an arbitration or trial date is fixed. A motion filed after discovery ends and after such a date is fixed requires exceptional circumstances. A timely motion may still be governed by good cause where the court administratively fixed a date during the original discovery period. Kronfeld v. Malone, No. A-2044-23 (N.J. App. Div. 2025) (official opinion); Villantes v. McPhillips, No. A-0456-24 (N.J. App. Div. 2025) (unpublished, official opinion).

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.: [________________________________]

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 / exceptional circumstances] shown under the applicable rule;

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 (R. 1:32-2A)
☐ Personal delivery to the Clerk's Office

Method of Service:

☐ Electronic service through eCourts on registered participants for whom the system generated and transmitted notice of filing (R. 1:32-2A and the Supreme Court's order supplementing 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 at least 8 days before the return date (the Thursday before a Friday return date), and reply papers at least 4 days before the return date (the Monday preceding a Friday return date).
• R. 1:6-6 permits affidavits based on personal knowledge for facts outside the record; R. 1:4-4(b) permits certifications in lieu of affidavits.
• 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

• The track discovery clock starts when the first answer is filed or 90 days after the first defendant is served, whichever occurs first. See New Jersey Judiciary FAQ (R. 4:24-1(a)).
• Track I: 150 days from that start date.
• Track II: 300 days from that start date.
• Track III: 450 days from that start date.
• Track IV: 450 days from that start date, with active case management (R. 4:5A-1, R. 4:24-1(a)).
• A discovery extension beyond the track period may be sought under R. 4:24-1(c). The parties may obtain an additional 60 days by a timely filed consent stipulation or writing confirming all parties’ consent. A contested or longer extension requires a motion filed and made returnable before the discovery period ends. Apply the standard described above to the motion's timing and any fixed arbitration or trial date.

D. Certification vs. Affidavit

• New Jersey permits an affidavit under R. 1:6-6 or a certification in its place under R. 1:4-4(b). For a certification, use: "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

• For discovery, the parties may seek a consensual extension of up to 60 days before the discovery period expires by filing a stipulation or a writing signed by one party and copied to all parties confirming consent. If they do not agree or seek a longer extension, R. 4:24-1(c) calls for a motion made returnable before the discovery period ends. Once an arbitration or trial date is fixed, exceptional circumstances must be shown for any discovery extension.

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
• New Jersey Court Rule 4:5A (Case Tracks): http://www.courtcaddy.com/nj/court-rules/r4-5a.html
• New Jersey eCourts Filing System: https://www.njcourts.gov/attorneys/ecourts