Tennessee State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

State of Tennessee — Circuit/Chancery Court

1. CAPTION

IN THE [________________________________] COURT FOR
[________________________________] COUNTY, TENNESSEE

[________________________________],
          Plaintiff,

     v.                                              Docket No. [________________________________]

[________________________________],
          Defendant.

Select applicable court:
☐ Circuit Court
☐ Chancery Court
☐ Criminal Court (civil matter)
☐ Business Court (Davidson, Knox, Hamilton, or Shelby County)

2. HEADING

MOTION FOR EXTENSION OF TIME PURSUANT TO TENN. R. CIV. P. 6.02

3. INTRODUCTION

COMES NOW [________________________________] ("Movant"), by and through undersigned counsel, and respectfully moves this Honorable Court pursuant to Tennessee Rule of Civil Procedure 6.02 for an Order enlarging the time within which Movant must [________________________________] (the "Subject Deadline"). The current deadline is [__/__/____]. Movant respectfully requests that the Court extend this deadline to [__/__/____], a period of [____] additional days. In support of this Motion, Movant states as follows:

4. CASE INFORMATION

5. IDENTIFICATION OF DEADLINE SOUGHT TO BE EXTENDED

1. The deadline at issue was established by [________________________________] (identify source: Scheduling Order, Court Order, Tennessee Rule of Civil Procedure, or other authority) dated [__/__/____].

2. The specific obligation subject to this deadline is: [________________________________].

3. The current deadline is: [__/__/____].

4. The proposed new deadline is: [__/__/____].

5. The total additional time requested is [____] days.

6. This Motion is being filed:
   ☐ Before the expiration of the current deadline (standard: "cause shown")
   ☐ After the expiration of the current deadline (standard: "excusable neglect")

7. This is the [____] request for extension of this particular deadline.

6. GROUNDS FOR EXTENSION

Movant seeks this extension for the following reason(s):

☐ Complexity of Issues — This matter involves complex legal or factual issues requiring additional time for adequate preparation, including [________________________________].

☐ Need for Additional Discovery — Movant requires additional time to complete outstanding discovery, including [________________________________] (identify depositions, document requests, interrogatories, or subpoenas).

☐ Voluminous Discovery — Movant has received a substantial volume of documents or data ([____] pages/files) requiring additional review and analysis time.

☐ Third-Party Discovery Pending — Responses to third-party discovery issued to [________________________________] remain outstanding and are necessary to [________________________________].

☐ Expert Retention or Analysis — Additional time is required to retain an expert, complete expert analysis, or prepare expert reports in the field of [________________________________].

☐ Scheduling Conflict — Undersigned counsel has a conflict on or near the current deadline, specifically [________________________________] (identify: trial in another matter, mandatory CLE, pre-existing commitment, etc.).

☐ Settlement Negotiations — The parties are engaged in active settlement discussions and require additional time to explore resolution before incurring the expense of [________________________________].

☐ Newly Retained Counsel — Movant has recently retained new counsel effective [__/__/____], who requires reasonable time to become familiar with the case file.

☐ Illness, Injury, or Emergency — [________________________________] (identify affected person) has experienced [________________________________] (describe condition), preventing timely completion of the required act.

☐ Unavailability of Key Witness — A key witness, [________________________________], is unavailable until [__/__/____] due to [________________________________].

☐ Coordination with Co-Parties — Movant must coordinate with co-[plaintiff/defendant(s)] regarding [________________________________].

☐ Other Good Cause — [________________________________].

7. FACTUAL BACKGROUND

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

2. On [__/__/____], the Court entered a [________________________________] (identify order) establishing the deadline at issue.

3. Since entry of that order, Movant has diligently [________________________________] (describe actions taken).

4. Despite such diligence, additional time is necessary because: [________________________________].

5. [Additional relevant facts: ________________________________].

8. LEGAL STANDARD

A. Tennessee Rule of Civil Procedure 6.02 — Enlargement of Time

Tennessee Rule of Civil Procedure 6.02 provides:

"When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) order the period enlarged, if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect."

B. Two Standards Under Rule 6.02

The rule establishes two distinct standards depending on when the motion is filed:

1. Pre-Expiration (Cause Shown): When the motion is filed before the deadline expires, the Court may enlarge the time period upon a showing of "cause." Tennessee courts construe this standard liberally, recognizing that timely requests for additional time reflect diligence rather than neglect. See Thompson v. Glidden Co., 44 Tenn. App. 674 (1958).

2. Post-Expiration (Excusable Neglect): When the motion is filed after the deadline has passed, the movant must demonstrate that the failure to act was the result of "excusable neglect." This is a higher standard requiring the movant to show that the neglect was due to circumstances beyond the movant's reasonable control. See Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992).

C. Limitations on Rule 6.02

Rule 6.02 expressly provides that it "may not be used to extend the time for taking any action under Rules 50.02, 59.01, 59.03, and 59.04, except to the extent and under the conditions stated in them." Practitioners must be aware of these carve-outs, as the Court lacks authority to enlarge time for post-trial motions governed by those rules.

D. Factors Considered by Tennessee Courts

Tennessee courts evaluating a motion for extension of time under Rule 6.02 consider:

1. The reason for the requested extension and whether it constitutes cause or excusable neglect
2. The diligence of the moving party in pursuing the litigation
3. The prejudice, if any, to the opposing party
4. Whether the extension will disrupt the trial date or case schedule
5. The number and duration of prior extensions granted
6. The interests of justice and efficient case management

9. ARGUMENT

A. Good Cause / Excusable Neglect Exists

[________________________________] (Detail specific circumstances justifying the extension.)

B. Movant Has Acted with Reasonable Diligence

Movant has diligently pursued compliance with the Court's scheduling directives. Specifically, Movant has [________________________________] (describe concrete steps taken). Despite these good-faith efforts, the circumstances described above require additional time to [________________________________].

C. No Prejudice to the Opposing Party

Granting this extension will not prejudice [________________________________] (non-moving party) because:

1. The current trial date of [__/__/____] will not be affected.
2. No other case deadlines require modification.
3. [________________________________] (additional reasons).

D. The Requested Extension Is Reasonable

The [____]-day extension is modest and proportionate to the circumstances. It will permit Movant sufficient time to [________________________________] without unduly delaying this litigation.

10. OPPOSING PARTY'S POSITION

Counsel for Movant certifies the following regarding conferral with opposing counsel:

☐ Opposing counsel has been contacted and consents to this Motion.

☐ Opposing counsel has been contacted and does not oppose this Motion.

☐ Opposing counsel has been contacted and opposes this Motion. The stated basis for opposition is: [________________________________].

☐ Opposing counsel could not be reached despite reasonable efforts on [__/__/____] by [________________________________] (telephone, email, etc.).

Name of opposing counsel contacted: [________________________________]
Date of conferral: [__/__/____]
Method of conferral: [________________________________]

11. PRIOR EXTENSIONS

☐ No prior extensions of this deadline have been requested or granted.

☐ The following prior extension(s) have been requested and/or granted:

12. PREJUDICE ANALYSIS

Movant represents to the Court that granting the requested extension:

☐ Will not affect the current trial date of [__/__/____].

☐ Will not require modification of any other case deadlines.

☐ Will require the following limited modifications to the scheduling order: [________________________________].

☐ Will not prejudice any party's ability to prepare for trial.

☐ Will not result in the loss or spoliation of evidence.

☐ Other: [________________________________].

13. CERTIFICATE OF CONFERRAL

I, [________________________________], counsel for Movant, certify that on [__/__/____], I conferred (or made reasonable, good-faith efforts to confer) with all counsel of record regarding this Motion, with the following results:

14. REQUESTED RELIEF

WHEREFORE, Movant [________________________________] respectfully moves this Court to enter an Order:

(a) Enlarging the time for [________________________________] from [__/__/____] to [__/__/____];

(b) Granting such other and further relief as the Court deems just and appropriate.

15. MEMORANDUM OF LAW (If Required by Local Rule)

Note: Some Tennessee judicial districts require a brief memorandum of law in support of any motion. Check applicable local rules. If required, insert a brief memorandum here addressing the Rule 6.02 standard and its application to the facts of this case.

[________________________________]

16. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Tennessee [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________
    [________________________________]
    BPR No. [________________________________]
    Counsel for [________________________________]

Date: [__/__/____]

17. PROPOSED ORDER

IN THE [________________________________] COURT FOR
[________________________________] COUNTY, TENNESSEE

[________________________________],
          Plaintiff,

     v.                                              Docket No. [________________________________]

[________________________________],
          Defendant.

                              ORDER

     Upon consideration of Movant's Motion for Extension of Time filed
pursuant to Tennessee Rule of Civil Procedure 6.02, and good cause appearing,
IT IS HEREBY ORDERED as follows:

     ☐ The Motion is GRANTED. The deadline for [________________________________]
       is enlarged from [__/__/____] to [__/__/____]. All other deadlines
       in the Scheduling Order remain in full force and effect.

     ☐ The Motion is GRANTED IN PART. The deadline for [________________________________]
       is enlarged from [__/__/____] to [__/__/____].

     ☐ The Motion is DENIED.

     ☐ Other: [________________________________].

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

     ________________________________
     [________________________________]
     Judge

18. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Extension of Time and Proposed Order was served upon all counsel of record as follows:

Via Tennessee Electronic Filing System:

Via [____] (U.S. Mail / Hand Delivery / Overnight Courier):

Service was effectuated in accordance with Tenn. R. Civ. P. 5.02.

________________________________
[________________________________]
BPR No. [________________________________]

19. PRACTICE NOTES FOR TENNESSEE PRACTITIONERS

A. Court Structure

Tennessee's trial courts include Circuit Courts (general civil jurisdiction), Chancery Courts (equity jurisdiction), and in some counties, specialized Business Courts (Davidson, Knox, Hamilton, and Shelby Counties). Each court type may have different local practices regarding motions for extension of time.

B. Local Rules by Judicial District

Tennessee has 31 judicial districts, each with potentially different local rules. Key variations to verify include:

• Davidson County (20th Judicial District): Local rules require motions to be accompanied by a memorandum of law. The Business Court Division has separate procedures.
• Shelby County (30th Judicial District): Local rules require certification that counsel has conferred with opposing counsel regarding the motion.
• Knox County (6th Judicial District): Local rules address motion practice and may require specific formatting.
• Hamilton County (11th Judicial District): Check local motion practice rules for scheduling requirements.

C. Timing Considerations

• Pre-Expiration vs. Post-Expiration: The critical distinction under Rule 6.02 is whether the motion is filed before or after the deadline expires. The "cause shown" standard for pre-expiration motions is significantly easier to satisfy than the "excusable neglect" standard for post-expiration motions.

• Rules That Cannot Be Extended: Rule 6.02 cannot be used to extend time under Rules 50.02 (Motion for Judgment Notwithstanding the Verdict), 59.01 (Grounds for New Trial), 59.03 (Time for Motion for New Trial), and 59.04 (Motion to Alter or Amend Judgment).

D. Electronic Filing

Tennessee courts use an electronic filing system. Service via the e-filing system satisfies Tenn. R. Civ. P. 5.02 for all registered counsel. For parties not registered on the system, traditional service methods must be employed.

E. Agreed Orders

If opposing counsel consents to the extension, Tennessee courts generally prefer that the parties submit an agreed order rather than a contested motion. An agreed order should recite the consent of all parties and may be submitted directly to the assigned judge.

F. Attorney Identification

Tennessee uses the Board of Professional Responsibility (BPR) number system for attorney identification. All filings must include the attorney's BPR number.

Sources and References

• Tennessee Rule of Civil Procedure 6.02 (Enlargement of Time)
• Tennessee Rule of Civil Procedure 5.02 (Service of Papers)
• Tennessee Rule of Civil Procedure 7.02 (Motions and Other Papers)
• Tennessee Administrative Office of the Courts: https://www.tncourts.gov
• Thompson v. Glidden Co., 44 Tenn. App. 674 (1958) (liberal standard for pre-expiration enlargement)
• Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992) (excusable neglect standard)
• Tennessee Supreme Court Rules: https://www.tncourts.gov/courts/supreme-court/rules
• Local Rules by Judicial District: Available through county clerk websites