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

[________________________________],              )
                                                 )
               Plaintiff,                        )    Case No. [________________________________]
                                                 )
     vs.                                         )    Dept. No. [________________________________]
                                                 )
[________________________________],              )    MOTION FOR EXTENSION OF TIME
                                                 )
               Defendant.                        )
_________________________________________________)

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. NOTICE OF HEARING

(Required under EDCR 2.20 unless the Court permits submission without oral argument)

PLEASE TAKE NOTICE that the undersigned will bring the above Motion for Extension of Time for hearing before the above-entitled Court on:

(Note: Under EDCR 2.20, the hearing date must be at minimum the number of court days required by the applicable local rule after service of the motion. Check local rules for the specific judicial district.)

5. MEET AND CONFER STATEMENT

Pursuant to EDCR 2.34 (or applicable local rule), 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)(2) provides that the parties may, by written stipulation, extend time for taking any action, except that the parties may not extend the time for any act relating to a pending motion or for taking any action under Rules 50(b), 52(b), 59(b), 59(d), 59(e), and 60(b). This reflects Nevada's recognition that party agreements on scheduling are generally favored.

C. Good Cause Standard

"Good cause" under NRCP 6(b) requires the moving party to demonstrate a reasonable basis for the extension that is consistent with the orderly administration of justice. Nevada courts consider: (1) whether the movant has acted diligently; (2) whether the opposing party will suffer prejudice; (3) the reason for the delay; and (4) whether the requested extension serves the interests of justice. See Willard v. Berry-Hinckley Industries, 136 Nev. 467 (2020).

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) expressly provides that a court must not extend the time to act under Rules 50(b), 52(b), 59(b), 59(d), 59(e), and 60(b), which relate to post-trial and post-judgment motions. 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

(Required under EDCR 7.50 -- all motions in the Eighth Judicial District must be accompanied by a proposed order)

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

                    DISTRICT COURT
            [________________________________] COUNTY, NEVADA

[________________________________],              )
                                                 )
               Plaintiff,                        )    Case No. [________________________________]
                                                 )
     vs.                                         )    Dept. No. [________________________________]
                                                 )
[________________________________],              )    ORDER ON MOTION FOR
                                                 )    EXTENSION OF TIME
               Defendant.                        )
_________________________________________________)

     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:
☐ Odyssey File & Serve electronic filing system
☐ Personal delivery to the Clerk of the Court

Method of Service:

☐ Electronic service through the Odyssey File & Serve 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)(2) permits parties to stipulate to extend time, except for pending motions and certain post-trial deadlines.
• EDCR 2.20 (Eighth Judicial District -- Clark County) governs general motion practice, including format, filing, and service requirements.
• EDCR 2.24 requires meet-and-confer certification for discovery-related motions.
• EDCR 7.50 requires that all motions be accompanied by a proposed order.
• 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 are now expressly authorized under NRCP 6(b)(2).
• 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. Motions must comply with page limits (generally 30 pages for points and authorities under EDCR 2.20). Proposed orders are mandatory under EDCR 7.50.
• 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)(2) expressly allows parties to extend time by written stipulation without court approval, except for time relating to a pending motion or time under Rules 50(b), 52(b), 59(b), 59(d), 59(e), and 60(b).
• Even when permitted, practitioners should file the stipulation with the court and submit a proposed order memorializing the new deadline.

F. Non-Extendable Deadlines

• The court may not extend time under Rules 50(b) (renewed judgment as a matter of law), 52(b) (amended findings), 59(b) (new trial motion), 59(d) (court-initiated new trial), 59(e) (motion to alter or amend judgment), and 60(b) (relief from judgment).

Sources and References

• Nevada Rules of Civil Procedure: https://www.leg.state.nv.us/courtrules/nrcp.html
• NRCP 6 -- Computing and Extending Time: https://connorpllc.com/nrcp-6-timing/
• Eighth Judicial District Court Rules (EDCR): https://www.leg.state.nv.us/CourtRules/EighthDCR.html
• 2019 NRCP Amendments (redline): https://nvcourts.gov/__data/assets/pdf_file/0016/13660/adkt_522_redline_nrcp.pdf
• Willard v. Berry-Hinckley Industries, 136 Nev. 467 (2020)
• 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/