Nevada State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

District Court, State of Nevada

1. CAPTION

[________________________________]
[Attorney Name]
Nevada Bar No. [________________________________]
[Law Firm Name]
[________________________________]
[Street Address]
[________________________________], Nevada [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]
Attorney for [________________________________]

DISTRICT COURT

[________________________________] COUNTY, NEVADA

MOTION FOR EXTENSION OF TIME

☐ Hearing Requested ☐ Hearing Not Requested

2. CASE INFORMATION

3. MOTION

COMES NOW [________________________________] ("Movant"), by and through undersigned counsel, and hereby moves this Court, pursuant to Nevada Rule of Civil Procedure 6(b) and EDCR 2.20, for an order extending the time within which to:

[________________________________]
[________________________________]

This motion is made and based upon the following memorandum of points and authorities, the declaration of [________________________________] attached hereto, all papers and pleadings on file herein, and any oral argument the Court may entertain.

4. HEARING DESIGNATION AND CALENDARING

5. MEET AND CONFER STATEMENT

Undersigned counsel certifies as follows regarding conferral with opposing counsel:

☐ On [__/__/____], undersigned counsel conferred with [________________________________], counsel for [________________________________], regarding the relief sought in this motion.

☐ The conferral was conducted by: ☐ Telephone ☐ In person ☐ Video conference ☐ Email

☐ As a result of conferral:

• ☐ Opposing counsel does not oppose this motion (this motion may be submitted as unopposed)
• ☐ Opposing counsel opposes this motion
• ☐ Opposing counsel takes no position
• ☐ The parties have reached a stipulation (stipulation and order attached)

☐ Undersigned counsel made good-faith efforts to confer but was unable to reach opposing counsel on the following dates: [________________________________]

6. IDENTIFICATION OF DEADLINE

A. Current Deadline

The current deadline for the above-described act is [__/__/____], as established by:

☐ The Nevada Rules of Civil Procedure, specifically NRCP [________________________________]
☐ Court Order dated [__/__/____]
☐ Joint Case Conference Report dated [__/__/____]
☐ Scheduling/Discovery Plan Order dated [__/__/____]
☐ Stipulation of the parties dated [__/__/____]
☐ Other: [________________________________]

B. Proposed New Deadline

Movant respectfully requests that the deadline be extended to [__/__/____], representing an extension of [____] days.

C. Timing of This Motion

☐ This motion is filed before expiration of the current deadline (governed by "good cause" standard under NRCP 6(b)(1))
☐ This motion is filed after expiration of the current deadline (governed by "excusable neglect" standard under NRCP 6(b)(1)(B))

7. GROUNDS FOR EXTENSION

Movant seeks this extension based on the following grounds (select all that apply):

☐ Complexity of the issues requiring additional research, analysis, or preparation
☐ Volume of discovery materials or documents to be reviewed
☐ Unavailability of key witnesses, parties, or experts
☐ Scheduling conflicts of counsel
☐ Recent receipt of voluminous documents or supplemental discovery from opposing party or third parties
☐ Need to retain, consult with, or obtain reports from expert witnesses
☐ Settlement negotiations are ongoing and productive
☐ Illness or medical emergency of counsel, party, or key witness
☐ Recently retained or substituted counsel needs time for case review
☐ Pending related proceedings or appeals that may affect this matter
☐ Intervening legal developments
☐ Court congestion or administrative delay
☐ Other: [________________________________]

8. MEMORANDUM OF POINTS AND AUTHORITIES

I. Statement of Facts

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

2. On [__/__/____], the Court entered [________________________________] establishing the current deadline of [__/__/____] for [________________________________].

3. Since the deadline was established, the following circumstances have arisen: [________________________________]

4. Movant has diligently pursued compliance with the deadline by: [________________________________]

5. Despite these efforts, the deadline cannot be met because: [________________________________]

6. The requested extension of [____] days is the minimum time reasonably necessary to [________________________________].

II. Legal Standard

A. NRCP 6(b)(1) -- Extensions of Time

Nevada Rule of Civil Procedure 6(b)(1) provides that when an act may or must be done within a specified time, the court may, for good cause, extend the time:

(A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or

(B) on motion made after the time has expired if the party failed to act because of excusable neglect.

The requirement that a district court may, in its discretion, extend the time to act for good cause has been adopted from the federal rule and provides courts with flexibility to manage litigation efficiently. See NRCP 6 Advisory Committee Note (2019 amendments).

B. NRCP 6(b)(2) -- Party Stipulations

NRCP 6(b)(1)(A) allows the parties to obtain an extension of time by stipulation, subject to court approval, provided the stipulation is submitted to the court before the original time or its extension expires. NRCP 6(b)(2) separately provides that a court must not extend the time to act under Rules 50(b) and (c)(2), 52(b), 59(b), (d), and (e), and 60(b), and must not extend the time after it has expired under Rule 54(d). This reflects Nevada's recognition that party agreements on scheduling are generally favored, subject to those limits.

C. Good Cause Standard

"Good cause" under NRCP 6(b)(1) requires the moving party to demonstrate a reasonable basis for the extension that is consistent with the orderly administration of justice, considering factors such as diligence, prejudice to the opposing party, the reason for the delay, and the interests of justice.

D. Excusable Neglect Standard

When a motion is filed after the deadline has expired, the movant must demonstrate "excusable neglect" -- a more demanding standard. Nevada courts have adopted the factors set forth in Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993), examining: (1) the danger of prejudice to the non-moving party; (2) the length of the delay and its potential impact on proceedings; (3) the reason for the delay; and (4) whether the movant acted in good faith.

III. Argument

A. Good Cause / Excusable Neglect Exists

[________________________________]
[________________________________]
[________________________________]

B. Movant Has Exercised Due Diligence

[________________________________]
[________________________________]

C. Absence of Prejudice

Granting this extension will not prejudice the opposing party because:

☐ The trial date of [__/__/____] will not be affected
☐ No other case management deadlines will be impacted
☐ Discovery remains open and the extension falls within the discovery period
☐ Opposing counsel has indicated no objection or concrete prejudice
☐ The extension requested is modest in duration ([____] days)
☐ Other: [________________________________]

D. The Interests of Justice Favor Granting the Extension

[________________________________]
[________________________________]

IV. Limitations

NRCP 6(b)(2) expressly provides that a court must not extend the time to act under Rules 50(b) and (c)(2), 52(b), 59(b), (d), and (e), and 60(b), which relate to post-trial and post-judgment motions, and must not extend the time after it has expired under Rule 54(d) (costs). The present request does not implicate any of these non-extendable deadlines.

9. DECLARATION IN SUPPORT

Declaration of [________________________________]

I, [________________________________], declare under penalty of perjury under the laws of the State of Nevada:

1. I am the attorney of record for [________________________________]. I am licensed to practice law in the State of Nevada, Bar Number [________________________________].

2. [Detailed factual statements supporting the motion]

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

3. I have conferred with opposing counsel as stated in Section 5 above.

4. The facts stated herein are true and correct to the best of my knowledge.

Dated: [__/__/____]

________________________________________
[________________________________]
Nevada Bar No. [________________________________]

10. PRIOR EXTENSIONS

☐ No prior extensions have been requested or granted in this matter for this or any related deadline.

☐ The following prior extensions have been requested or granted:

11. PREJUDICE ANALYSIS

12. 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, scheduling orders, and case management orders in full force and effect;

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

13. SIGNATURE BLOCK

Dated: [__/__/____]

[________________________________]
[Law Firm Name]
[________________________________]
[Street Address]
[________________________________], Nevada [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
    [________________________________]
    Nevada Bar No. [________________________________]
    Attorney for [________________________________]

14. PROPOSED ORDER

(In the Eighth Judicial District Court, EDCR 7.21 requires the party who obtains an order, judgment, or decree to furnish the proposed form of the same to the clerk, judge, or judicial officer within 14 days after being notified of the ruling, unless the court allows additional time. As a practical matter, many departments prefer or require a proposed order to be lodged with the motion so it is available for signature if the motion is granted -- confirm the assigned department's individual chambers preferences.)

[________________________________]
[Attorney Name]
Nevada Bar No. [________________________________]
[Law Firm Name]
[________________________________]
[Street Address]
[________________________________], Nevada [____]
Telephone: [________________________________]
Email: [________________________________]
Attorney for [________________________________]

DISTRICT COURT

[________________________________] COUNTY, NEVADA

ORDER ON MOTION FOR EXTENSION OF TIME

The Court, having reviewed [________________________________]'s Motion for Extension of Time, any opposition and reply thereto, the papers and pleadings on file herein, and good cause appearing therefor,

IT IS HEREBY ORDERED:

☐ The Motion for Extension of Time is GRANTED.

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

    All other deadlines and scheduling orders remain in full force and effect.

☐ The Motion for Extension of Time is GRANTED IN PART.

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

    Additional conditions: [________________________________]

☐ The Motion for Extension of Time is DENIED.

    Reason: [________________________________]

DATED this [____] day of [________________________________], [____].

________________________________________
[________________________________]
District Judge, Department [________________________________]

15. CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I caused the foregoing Motion for Extension of Time, Memorandum of Points and Authorities, Declaration, and Proposed Order to be filed and served as follows:

Method of Filing:
☐ Electronic filing system (as of this writing, Nevada district courts are transitioning from the "Odyssey File & Serve" portal to the successor "eFileNV" portal operated by Tyler Technologies; the prior portal is being deprecated -- confirm the current portal name and URL for the filing district before use)
☐ Personal delivery to the Clerk of the Court

Method of Service:

☐ Electronic service through the court's e-filing/e-service system upon all registered parties, which constitutes valid service pursuant to NRCP 5(b)(2)(E).

☐ Additional service on parties not registered for electronic service:

________________________________________
[________________________________]
Nevada Bar No. [________________________________]

16. PRACTICE NOTES FOR NEVADA ATTORNEYS

A. Key Rule References

• NRCP 6(b) governs extensions of time in civil actions. The 2019 amendments aligned Nevada's rule more closely with FRCP 6(b).
• NRCP 6(b)(1)(A) permits parties to stipulate to an extension (subject to court approval) if submitted before the original time or its extension expires; NRCP 6(b)(2) lists the deadlines a court must not extend.
• EDCR 2.20 (Eighth Judicial District -- Clark County) governs general motion practice, including page limits, the "Hearing Requested"/"Hearing Not Requested" designation, and briefing/response deadlines.
• EDCR 2.34 requires a meet-and-confer conference (or good-faith effort to confer) and a supporting affidavit for discovery-related motions specifically -- it does not, by its terms, apply to a motion for extension of time on a non-discovery deadline.
• EDCR 7.21 requires the party who obtains an order, judgment, or decree to furnish the proposed form to the clerk, judge, or judicial officer within 14 days of notice of the ruling; many departments also accept or require a proposed order be lodged with the motion.
• SJDCR (Second Judicial District -- Washoe County) has its own local rules; always verify the applicable local rules for the judicial district where your case is pending.

B. The 2019 NRCP Amendments

• Effective March 1, 2019, Nevada substantially amended its Rules of Civil Procedure to more closely mirror the Federal Rules. Key changes affecting extension practice include:
• Explicit "good cause" language was added to NRCP 6(b).
• Party stipulations to extend time (subject to court approval) are now expressly authorized under NRCP 6(b)(1)(A).
• Time computation under NRCP 6(a) now follows the "day is a day" approach.

C. Computation of Time

• Under NRCP 6(a)(1), exclude the day of the triggering event and count every day including Saturdays, Sundays, and legal holidays.
• If the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
• Under NRCP 6(a)(6), when a party may or must act within a specified time after being served and service is made by mail, 3 days are added after the period would otherwise expire.

D. Local Rule Variations

• Clark County (Eighth Judicial District): Governed by EDCR. Points-and-authorities briefs are generally limited to 30 pages, excluding exhibits, absent court order (EDCR 2.20(a)). A proposed order should ordinarily be furnished within 14 days of notice of the ruling (EDCR 7.21), and many departments expect or require one to be lodged with the motion.
• Washoe County (Second Judicial District): Governed by SJDCR. Different page limits and hearing scheduling procedures may apply.
• Rural counties: Each judicial district may have its own local rules. Always verify requirements before filing.

E. Stipulated Extensions

• NRCP 6(b)(1)(A) allows parties to obtain an extension of time by stipulation, subject to court approval, provided the stipulation is submitted to the court before the original time or its extension expires.
• Even when permitted, practitioners should file the stipulation with the court and submit a proposed order memorializing the new deadline.

F. Non-Extendable Deadlines

• Under NRCP 6(b)(2), a court must not extend the time to act under Rules 50(b) and (c)(2) (renewed judgment as a matter of law), 52(b) (amended findings), 59(b), (d), and (e) (new trial motion; court-initiated new trial; motion to alter or amend judgment), and 60(b) (relief from judgment), and must not extend the time after it has expired under Rule 54(d) (costs).

Sources and References

• Nevada Rules of Civil Procedure: https://www.leg.state.nv.us/courtrules/nrcp.html
• Eighth Judicial District Court Rules (EDCR): https://www.leg.state.nv.us/courtrules/eighthdcr.html
• Nevada Revised Statutes, Chapter 2 (Supreme Court rulemaking authority, NRS 2.120): https://www.leg.state.nv.us/nrs/NRS-002.html
• 2019 NRCP Amendments, Advisory Committee Note (ADKT 0522): https://nvcourts.gov/__data/assets/pdf_file/0021/13395/adkt_522_redline_frcp.pdf
• Five Things to Know About the 2024 Amendments to the EDCR (ADKT 0612), Clark County Bar Association: https://clarkcountybar.org/five-things-to-know-about-the-amendments-to-the-eighth-judicial-district-court-rules/
• Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993)
• Nevada Court Rules Portal: https://www.leg.state.nv.us/courtrules/