Oregon State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

STATE OF OREGON — CIRCUIT COURT

1. CAPTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [________________________________]

[________________________________],        )
                                           )    Case No. [________________________________]
     Plaintiff,                            )
                                           )
v.                                         )
                                           )
[________________________________],        )
                                           )
     Defendant.                            )

2. MOTION FOR EXTENSION OF TIME

Movant [________________________________], by and through undersigned counsel, respectfully moves this Court pursuant to Oregon Rule of Civil Procedure (ORCP) 15 D for an Order extending the time within which to [________________________________] from the current deadline of [__/__/____] to and including [__/__/____], a period of [____] additional days.

This motion is supported by the Declaration of [________________________________] filed herewith, the memorandum of points and authorities set forth below, and the entire record in this case.

3. CERTIFICATE OF COMPLIANCE WITH UTCR 5.010

Pursuant to UTCR 5.010(3), undersigned counsel hereby certifies:

☐ Counsel conferred with counsel for all opposing parties regarding the relief requested in this motion. The conferral occurred on [__/__/____] by ☐ telephone / ☐ in person / ☐ video conference, and the result was:

☐ All opposing parties consent to the requested extension.

☐ Opposing party [________________________________] does not oppose the requested extension.

☐ Opposing party [________________________________] opposes the requested extension for the following stated reasons: [________________________________]

☐ The parties were unable to reach agreement despite good faith efforts.

☐ Counsel was unable to confer with opposing counsel despite good faith efforts, for the following reasons constituting good cause: [________________________________]. Specifically, counsel attempted to confer on the following dates and by the following methods:

☐ The opposing party is proceeding pro se. Movant contacted the opposing party on [__/__/____] by [________________________________] and the opposing party's position is: [________________________________]

IMPORTANT NOTE: Under UTCR 5.010(3), the certificate of compliance must either state that the parties conferred or contain facts showing good cause why conferral did not occur. Failure to include this certificate may result in denial of the motion.

4. PROCEDURAL BACKGROUND

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

2. On [__/__/____], the Court entered its [________________________________] (the "Order"), which established a deadline of [__/__/____] for Movant to [________________________________].

3. As of the date of this Motion, the current deadline ☐ has not yet expired / ☐ expired on [__/__/____].

4. Movant has ☐ not previously sought / ☐ previously sought [____] extension(s) of this particular deadline.

5. The trial date in this matter is currently set for [__/__/____]. The requested extension ☐ will not / ☐ will affect the trial date.

5. IDENTIFICATION OF DEADLINE AND OBLIGATION

6. GROUNDS FOR EXTENSION

Movant requests the extension based on the following grounds (check all that apply):

☐ Complexity of the issues involved requiring additional preparation time

☐ Volume of documents or discovery materials to be reviewed (approximately [____] pages/items)

☐ Unavailability of key witness(es): [________________________________]

☐ Scheduling conflict of counsel: [________________________________]

☐ Ongoing settlement negotiations between the parties

☐ Recent retention of new counsel requiring time to become familiar with the case

☐ Illness or medical emergency affecting ☐ counsel / ☐ party / ☐ witness

☐ Need for additional expert analysis or consultation

☐ Awaiting receipt of records or information from third parties: [________________________________]

☐ Recent supplemental discovery production requiring additional review

☐ Intervening holiday(s) or court closure(s)

☐ Other: [________________________________]

7. MEMORANDUM OF POINTS AND AUTHORITIES

A. Legal Standard Under ORCP 15 D

Oregon Rule of Civil Procedure 15 D provides:

"Except as otherwise prohibited by law, the court may, in its discretion, and upon any terms as may be just, allow any pleading to be made, or allow any motion, or response or reply to a motion, after the time limited by the procedural rules, or by an order enlarge the time limited by the procedural rules."

The Oregon Court of Appeals has confirmed that the trial court has broad discretion under ORCP 15 D to enlarge time for filing pleadings and motions. See Welch v. Bancorp Management Advisors, 296 Or App 208 (2019); Stevens v. Czerniak, 336 Or 392 (2004).

Unlike the federal rule, ORCP 15 D does not expressly distinguish between pre-deadline and post-deadline requests, but Oregon courts may impose a higher standard when a deadline has already passed, considering equitable factors such as diligence, prejudice, and the interests of justice.

B. Good Cause Exists for the Requested Extension

Movant demonstrates good cause for the extension as follows:

[________________________________]

[________________________________]

[________________________________]

C. Movant Has Exercised Due Diligence

Movant has undertaken the following steps in attempting to comply with the original deadline:

1. [________________________________]

2. [________________________________]

3. [________________________________]

Despite these efforts, additional time is necessary because: [________________________________]

D. No Prejudice to Opposing Party

The requested extension will not prejudice the opposing party because:

1. The trial date of [__/__/____] ☐ will not be affected / ☐ will be addressed separately.

2. No depositions or other discovery events are currently scheduled that would be disrupted.

3. The opposing party will have adequate time to respond following the extended deadline.

4. [________________________________]

8. PRIOR EXTENSIONS HISTORY

☐ No prior extensions have been sought or granted for this deadline.

9. IMPACT ON CASE SCHEDULE

1. Trial Date: [__/__/____] — ☐ Unaffected / ☐ May require modification

2. Discovery Cutoff: [__/__/____] — ☐ Unaffected / ☐ May require modification

3. Dispositive Motion Deadline: [__/__/____] — ☐ Unaffected / ☐ May require modification

4. Pretrial Conference: [__/__/____] — ☐ Unaffected / ☐ May require modification

5. Other Deadlines Affected: [________________________________]

10. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Court:

1. Grant this Motion for Extension of Time;

2. Extend the deadline for [________________________________] from [__/__/____] to and including [__/__/____];

3. Maintain all other existing deadlines unless the Court determines modification is warranted; and

4. Grant such other and further relief as this Court deems just.

11. DECLARATION IN SUPPORT OF MOTION

DECLARATION OF [________________________________]

I, [________________________________], declare as follows:

1. I am the attorney of record for [________________________________] in the
   above-captioned matter. I am a member in good standing of the Oregon
   State Bar, Bar No. [________________________________]. I make this
   declaration based on personal knowledge.

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

3. [State the specific facts supporting the need for extension:]
   ________________________________________________________________
   ________________________________________________________________
   ________________________________________________________________

4. I have exercised due diligence in attempting to meet the original
   deadline by: ________________________________________________________________
   ________________________________________________________________

5. Despite these efforts, additional time is needed because:
   ________________________________________________________________
   ________________________________________________________________

6. The requested extension to [__/__/____] will not prejudice any
   party and will not affect the trial date currently set for [__/__/____].

7. [If applicable: I conferred with opposing counsel on [__/__/____],
   and opposing counsel ☐ consents / ☐ does not oppose / ☐ opposes
   the requested extension.]

I declare under penalty of perjury under the laws of the State of Oregon
that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], Oregon.

________________________________________
[________________________________]
Oregon State Bar No. [________________________________]

12. SIGNATURE BLOCK

DATED: [__/__/____]

[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Oregon [________] (City, Zip)
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
    [________________________________]
    Oregon State Bar No. [________________________________]
    Attorney for [________________________________]

13. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing Motion for Extension of Time, Declaration in Support, and Proposed Order upon the following by the method(s) indicated pursuant to ORCP 9:

☐ Via the Oregon Judicial Department eFiling system (File & Serve), which will send electronic notification to all registered counsel of record.

☐ Via U.S. Mail, first class, postage prepaid.

☐ Via hand delivery.

☐ Via facsimile.

☐ Via email (with consent of recipient per ORCP 9 G).

________________________________________
[________________________________]
Oregon State Bar No. [________________________________]

14. PROPOSED ORDER

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [________________________________]

[________________________________],        )
                                           )    Case No. [________________________________]
     Plaintiff,                            )
                                           )
v.                                         )    ORDER GRANTING MOTION
                                           )    FOR EXTENSION OF TIME
[________________________________],        )
                                           )
     Defendant.                            )

     THIS MATTER came before the Court upon [________________________________]'s
Motion for Extension of Time filed on [__/__/____]. The Court, having reviewed
the Motion, the Declaration in Support, any response thereto, and the record,
and finding good cause pursuant to ORCP 15 D, hereby ORDERS as follows:

     1. The Motion for Extension of Time is GRANTED.

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

     3. All other deadlines in the Court's Scheduling Order remain in
        full force and effect unless subsequently modified by the Court.

     4. [Additional provisions, if any: ________________________________]

DATED this ______ day of __________________, 20____.

________________________________________
Honorable [________________________________]
Circuit Court Judge

15. UTCR AND LOCAL RULE COMPLIANCE CHECKLIST

Before filing, verify compliance with the Uniform Trial Court Rules and applicable county supplementary local rules:

☐ UTCR 5.010(3) conferral certificate is included in the motion

☐ UTCR 2.010 formatting requirements met (document size, margins, font, line spacing)

☐ UTCR 5.100 motion practice requirements satisfied (motion, memorandum, declaration filed together)

☐ Proposed order submitted in the format required by the specific county (check county supplementary local rules)

☐ Electronic filing completed via Oregon eFiling system where required

☐ Checked applicable county supplementary local rules (e.g., Multnomah County SLR; Lane County SLR; Washington County SLR; Clackamas County SLR)

☐ Verified whether the local court requires oral argument on motions or permits decision on papers

☐ Confirmed response time for opposing party (generally 14 days under UTCR 5.040 unless otherwise specified)

16. PRACTICE NOTES FOR OREGON PRACTITIONERS

ORCP 15 D Discretionary Standard:

• Oregon's rule grants the court broad discretion to enlarge time "upon any terms as may be just." This is a flexible standard, but courts will consider whether the movant has been diligent.
• Unlike the federal rule, ORCP 15 D does not contain an express "excusable neglect" requirement for post-deadline motions, but courts may apply heightened scrutiny.

UTCR 5.010 Conferral Requirement:

• The conferral requirement is mandatory. The Oregon Court of Appeals has held that compliance with UTCR 5.010(3) is required for motions. See Pace v. Huyer, 198 Or App 1 (2005).
• The certificate must state either that the parties conferred or set forth facts showing good cause for not conferring.
• Conferral should be substantive, not merely perfunctory.

Stipulated Extensions:

• When parties agree, consider filing a Stipulated Motion for Extension of Time rather than a contested motion. Many Oregon courts prefer stipulated motions, which are often granted without a hearing.

Electronic Filing:

• Most Oregon circuit courts now require electronic filing through the Oregon Judicial Department's eFiling system. Verify the specific county's requirements.

Sources and References

• Oregon Rules of Civil Procedure, ORCP 15 — Oregon Legislature
• Uniform Trial Court Rules, UTCR 5.010 — Oregon Judicial Department
• UTCR Chapter 5, Civil Proceedings — Oregon Courts
• Welch v. Bancorp Management Advisors, 296 Or App 208 (2019)
• Stevens v. Czerniak, 336 Or 392 (2004)
• Pace v. Huyer, 198 Or App 1 (2005) — mandatory UTCR conferral
• Oregon State Bar, Common Civil Litigation Time Limitations