Rhode Island Superior Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

STATE OF RHODE ISLAND — SUPERIOR COURT

1. CAPTION

STATE OF RHODE ISLAND
SUPERIOR COURT
[________________________________] COUNTY

C.A. No. [________________________________]

[________________________________],
     Plaintiff(s),

v.

[________________________________],
     Defendant(s).

2. TITLE OF MOTION

[PLAINTIFF'S/DEFENDANT'S] MOTION FOR EXTENSION OF TIME TO [________________________________]

3. INTRODUCTION

NOW COMES the [☐ Plaintiff / ☐ Defendant], [________________________________] (hereinafter "Movant"), by and through undersigned counsel, and respectfully moves this Honorable Court, pursuant to Rule 6(b) of the Rhode Island Superior Court Rules of Civil Procedure, for an order extending the time within which to [________________________________]. In support thereof, Movant states as follows:

4. CASE INFORMATION

5. IDENTIFICATION OF DEADLINE

1. On [__/__/____], this Court entered [☐ a Scheduling Order / ☐ an Order / ☐ other: ________________________________] establishing a deadline of [__/__/____] for [________________________________].

2. The deadline arises under [☐ Rule [____] of the Superior Court Rules of Civil Procedure / ☐ Court Order dated [__/__/____] / ☐ Scheduling Order / ☐ Statute: ________________________________].

3. The current deadline [☐ has not yet expired / ☐ expired on [__/__/____]].

Note Under R.I. Super. Ct. R. Civ. P. 6(b): Where the motion is filed before the expiration of the prescribed period, the Court may extend the deadline upon a showing of good cause. Where the motion is filed after the deadline has passed, the movant must demonstrate excusable neglect. The Court may not extend the time for taking action under Rules 52(b), 59(b), (d), and (e), except to the extent and under the conditions stated therein.

6. GROUNDS FOR EXTENSION

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

☐ Volume and complexity of discovery materials requiring additional review
☐ Recently produced documents or supplemental disclosures necessitating analysis
☐ Unavailability of key witness(es) for deposition or consultation
☐ Scheduling conflicts with counsel's existing trial or hearing calendar
☐ Illness or medical emergency of party, counsel, or key witness
☐ Retention of expert witness and need for adequate time for expert analysis
☐ Ongoing settlement negotiations that may resolve part or all of the case
☐ Need for additional time to complete investigation or factual development
☐ Complexity of legal issues requiring additional research and briefing
☐ Change in counsel requiring reasonable transition period
☐ Third-party subpoena responses still outstanding
☐ Court-ordered mediation or ADR proceedings pending or recently concluded
☐ Other: [________________________________]

7. STATEMENT OF FACTS AND GOOD CAUSE

A. Factual Background

1. This action was commenced on [__/__/____] and involves claims for [________________________________].

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

3. [________________________________]
   (Provide detailed factual narrative explaining the specific circumstances necessitating the extension. Include dates, actions taken, and events giving rise to the need for additional time.)

4. [________________________________]
   (Continue with additional facts as needed.)

B. Good Cause Demonstration (Pre-Deadline Motion)

Under R.I. Super. Ct. R. Civ. P. 6(b)(1), the Court may enlarge the time for performing an act when the request is made before the original deadline expires and good cause is shown. Rhode Island courts have consistently held that the interests of justice favor adjudication on the merits. See Berberian v. New England Telephone Co., 90 R.I. 107 (1959) (recognizing the liberal application of procedural rules to avoid forfeiture).

Movant demonstrates good cause as follows:

[________________________________]
(Explain why the circumstances constitute good cause under the Rule 6(b) standard.)

C. Excusable Neglect (Post-Deadline Motion — if applicable)

☐ This section applies because the deadline has already passed.

Under R.I. Super. Ct. R. Civ. P. 6(b)(2), the Court may permit a late act upon a showing of excusable neglect. The Rhode Island Supreme Court has held that excusable neglect must be evaluated in light of all relevant circumstances, including: (1) the danger of prejudice to the non-movant; (2) the length of delay and its potential impact on judicial proceedings; (3) the reason for the delay, including whether it was within the reasonable control of the movant; and (4) whether the movant acted in good faith. See Pimentel v. Posadas, 929 A.2d 1286 (R.I. 2007).

The failure to act was the result of excusable neglect because:

[________________________________]

8. DILIGENCE OF MOVANT

Movant has exercised reasonable diligence in attempting to comply with the current deadline, as demonstrated by the following actions:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]

Despite these efforts, Movant cannot meet the current deadline due to [________________________________].

9. ABSENCE OF PREJUDICE TO OPPOSING PARTY

The requested extension will not cause undue prejudice to [________________________________] (opposing party) because:

1. The extension requested is [____] days, which is a modest period relative to the overall duration of this litigation.
2. The current trial date of [__/__/____] [☐ will not be affected / ☐ has not yet been set / ☐ may require adjustment, and Movant will address this separately].
3. All other scheduling order deadlines [☐ will remain intact / ☐ will require corresponding adjustments as set forth in the proposed order].
4. The opposing party will not suffer any loss of evidence, witnesses, or strategic advantage as a result of this brief extension.
5. [________________________________]

10. PRIOR EXTENSIONS

☐ No prior extensions have been requested or granted in this matter.

☐ The following prior extensions have been requested and/or granted:

The current request is distinguishable from prior extensions because [________________________________].

11. POSITION OF OPPOSING PARTY

Undersigned counsel [☐ has / ☐ has not] conferred with counsel for the opposing party regarding this Motion.

☐ Opposing counsel consents to the requested extension.
☐ Opposing counsel does not oppose the requested extension.
☐ Opposing counsel objects to the requested extension. The basis for the objection, to the extent communicated, is: [________________________________].
☐ Opposing counsel has not responded to Movant's request for a position despite reasonable efforts to confer on [__/__/____] via [☐ telephone / ☐ email / ☐ letter / ☐ in person].
☐ The opposing party is self-represented, and Movant contacted them on [__/__/____] via [________________________________].

12. CERTIFICATE OF CONFERRAL

I, [________________________________], counsel for the Movant, hereby certify that on [__/__/____], I [☐ personally conferred / ☐ made a good faith effort to confer] with [________________________________], counsel for [________________________________], regarding the relief sought in this Motion.

The conferral occurred via [☐ telephone / ☐ email / ☐ in-person meeting / ☐ written correspondence].

The result of the conferral was: [☐ Agreement / ☐ No opposition / ☐ Objection / ☐ No response after good faith effort].

________________________________
[Attorney Name]

13. PROPOSED NEW DEADLINE AND SCHEDULING IMPACT

Movant respectfully requests that the Court extend the deadline as follows:

Impact on Other Deadlines:

☐ No other deadlines are affected by this extension.
☐ The following related deadlines should be correspondingly adjusted:

14. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this Honorable Court:

1. Grant this Motion for Extension of Time;
2. Extend the deadline for [________________________________] from [__/__/____] to [__/__/____];
3. Adjust any dependent deadlines as set forth in the proposed order; and
4. Grant such other and further relief as the Court deems just and proper.

15. ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Law Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City], Rhode Island [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________
    [Attorney Name]
    R.I. Bar No. [________________________________]
    Attorney for [Plaintiff/Defendant]
    [________________________________]

Date: [__/__/____]

16. PROPOSED ORDER

STATE OF RHODE ISLAND
SUPERIOR COURT
[________________________________] COUNTY

C.A. No. [________________________________]

[________________________________],
     Plaintiff(s),

v.

[________________________________],
     Defendant(s).

         ORDER ON MOTION FOR EXTENSION OF TIME

     This matter comes before the Court on the Motion for Extension of
Time filed by [________________________________] ("Movant").

     Having considered the Motion, any opposition thereto, and the
record in this case, and good cause having been shown, it is hereby

     ORDERED that the Motion is GRANTED.

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

     2. [The following related deadlines are adjusted:
        a. [________________________________]: extended to [__/__/____]
        b. [________________________________]: extended to [__/__/____]]

     3. All other deadlines and orders remain in full force and effect
unless further modified by the Court.

     4. [Additional conditions, if any:
        ________________________________]

     Entered this ___ day of ______________, 20___.


     ________________________________
     Associate Justice, Superior Court

17. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served the foregoing Motion for Extension of Time and Proposed Order on all counsel of record through the Rhode Island Judiciary Electronic Filing System (E-Filing), which automatically provides notice and service to all registered users pursuant to R.I. Super. Ct. R. Civ. P. 5(b) and R.I. Supreme Court Article X, Rules Governing Electronic Filing.

Service was additionally made by the following method(s) upon the following parties:

________________________________
[Attorney Name]
R.I. Bar No. [________________________________]

18. PRACTICE NOTES FOR RHODE ISLAND PRACTITIONERS

A. Key Provisions of R.I. Super. Ct. R. Civ. P. 6(b)

• Pre-Deadline Motions: The Court may enlarge the time with or without motion or notice when the request is made before the original period expires. The movant must show "cause" for the extension.
• Post-Deadline Motions: After expiration, the Court may permit the act to be done only upon motion showing that the failure to act was the result of "excusable neglect."
• Non-Extendable Deadlines: The Court may not extend time for actions under Rules 52(b), 59(b), (d), and (e), except as specifically provided therein.

B. Computation of Time Under Rule 6(a)

• When the period is less than 11 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the computation.
• When the period is 11 days or more, all calendar days are counted.
• If the last day of the period falls on a Saturday, Sunday, or legal holiday, the period runs until the end of the next business day.

C. Service Requirements

• Under Rule 5(b), service may be made by delivering a copy, mailing it to the last known address, or through the court's electronic filing system.
• Under R.I. Supreme Court Article X, electronic filing and service is mandatory in Superior Court for registered users.
• When service is made by mail, three (3) additional days are added to the response period under Rule 6(e).

D. Motion Format Requirements

• All motions must comply with R.I. Super. Ct. R. Civ. P. 7(b), which requires that motions state with particularity the grounds therefor and set forth the relief or order sought.
• A memorandum of law in support may be required by local practice.
• A proposed order should accompany the motion.

E. Electronic Filing

• Filing is conducted through the Rhode Island Judiciary Electronic Filing System.
• All attorneys registered in the system receive automatic electronic notice of filings.
• Self-represented parties who are not registered in the e-filing system must be served by conventional means.

Sources and References

• Rhode Island Superior Court Rules of Civil Procedure, Rule 6 (Time) — R.I. Judiciary
• Rhode Island Superior Court Rules of Practice — R.I. Judiciary
• Rhode Island Supreme Court Article X, Rules Governing Electronic Filing — R.I. Judiciary
• R.I. Gen. Laws § 8-6-2 (Rules of Practice and Procedure) — Justia
• Rhode Island Superior Court Rules Page — R.I. Judiciary
• Rhode Island Electronic Filing Guidelines — R.I. Judiciary