Motion for Extension of Time – Texas State Court

MOTION FOR EXTENSION OF TIME – TEXAS STATE COURT

Pursuant to Texas Rule of Civil Procedure 5

COURT INFORMATION

Court: [________________________________]
(e.g., ___th Judicial District Court, or County Court at Law No. ___)

County: [________________________________] County, Texas

CAUSE INFORMATION

CAUSE NO. [________________________________]

[________________________________], Plaintiff(s)

v.

[________________________________], Defendant(s)

IN THE [________________________________] COURT
[________________________________] COUNTY, TEXAS

I. MOTION FOR EXTENSION OF TIME

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW [________________________________] ("Movant"), ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Intervenor ☐ Other: [________________________________], by and through undersigned counsel, and respectfully moves this Court pursuant to Texas Rule of Civil Procedure 5 for an extension of the deadline to:

[________________________________]
(Describe the specific act or obligation for which the extension is sought, e.g., "file Defendant's Original Answer," "respond to Plaintiff's First Set of Interrogatories," "designate expert witnesses," etc.)

Current Deadline: [__/__/____]

Proposed New Deadline: [__/__/____]

Length of Extension Requested: [____] days

Basis for Deadline:
☐ Court Order / Scheduling Order dated [__/__/____]
☐ Texas Rules of Civil Procedure (Rule No. [____])
☐ Discovery Request served on [__/__/____]
☐ Other: [________________________________]

II. TYPE OF EXTENSION

Select the applicable category under Tex. R. Civ. P. 5:

☐ Pre-Expiration Extension (Rule 5(a)): The deadline has not yet expired. Movant requests that the Court enlarge the time period for good cause shown.

☐ Post-Expiration Extension (Rule 5(b)): The deadline has already expired. Movant requests that the Court permit the act to be done after expiration, upon a showing of good cause for the failure to act within the original time period.

Date Deadline Expired (if applicable): [__/__/____]

Number of Days Past Deadline: [____]

III. CONFERENCE CERTIFICATE

Undersigned counsel certifies that, in compliance with the applicable local rules and Tex. R. Civ. P. 191.2 (for discovery-related deadlines):

☐ On [__/__/____], undersigned counsel conferred with counsel for [________________________________] regarding this motion. Opposing counsel's position is:

☐ Does not oppose the requested extension
☐ Opposes the requested extension
☐ Takes no position
☐ Agrees to the extension by stipulation (attached as Exhibit [____])

☐ Undersigned counsel made reasonable efforts to confer but was unable to reach opposing counsel. Specifically: [________________________________]

☐ No conference was required because: [________________________________]

IV. FACTUAL BASIS

Movant respectfully represents to the Court as follows:

1. Procedural History. This action was filed on [__/__/____]. The Court's ☐ Scheduling Order / ☐ Docket Control Order / ☐ other order signed on [__/__/____] established the deadline at issue.

2. Current Deadline. The current deadline for [________________________________] is [__/__/____].

3. Diligence. Movant and counsel have diligently pursued compliance with the deadline, including:

a. [________________________________]

b. [________________________________]

c. [________________________________]

4. Reason Extension Is Needed. Despite diligent efforts, additional time is required because:

a. [________________________________]

b. [________________________________]

c. [________________________________]

5. Prior Extensions. ☐ No prior extensions have been requested for this deadline. ☐ [____] prior extension(s) have been granted. The most recent extension was granted on [__/__/____], extending the deadline from [__/__/____] to [__/__/____].

6. Impact on Case Schedule. The requested extension:

☐ Will not affect the current trial setting of [__/__/____]
☐ Will not affect other pending deadlines
☐ May require adjustment to the following deadlines: [________________________________]

V. LEGAL STANDARD

A. Texas Rule of Civil Procedure 5 — Enlargement of Time

Texas Rule of Civil Procedure 5 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 (a) with or without motion or notice, order the period enlarged if application therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or (b) upon motion permit the act to be done after the expiration of the specified period where good cause is shown for the failure to act."

B. Good Cause Standard

Texas courts evaluate the following factors in determining whether good cause exists for an extension of time:

1. Diligence of the movant — Whether the party and counsel exercised reasonable diligence in attempting to comply with the deadline. Carpenter v. Cimarron Hydrocarbons Corp., 98 S.W.3d 682, 686 (Tex. 2002).

2. Reason for the delay — Whether the circumstances giving rise to the extension request were beyond the movant's reasonable control. In re Kuntz, 124 S.W.3d 179, 181 (Tex. 2003).

3. Prejudice to the opposing party — Whether granting the extension would materially prejudice the non-movant or impair the non-movant's ability to prepare the case.

4. Impact on the trial setting and case schedule — Whether the extension would necessitate continuance of the trial or disruption of other deadlines. See Tex. R. Civ. P. 166.

5. Prior extensions — Whether prior extensions have been granted and whether a pattern of delay exists.

C. Post-Expiration Extensions — Heightened Standard

When the deadline has already expired, Rule 5(b) imposes a heightened burden. The movant must demonstrate good cause for the failure to act within the prescribed time, not merely good cause for needing more time. Courts are less inclined to grant post-expiration extensions absent a showing of excusable neglect or circumstances truly beyond the movant's control.

D. Discovery Deadlines — Additional Authority

For discovery-related extensions, Tex. R. Civ. P. 191.2 requires a good-faith conference with opposing counsel before filing any discovery motion. The Court's inherent authority to control its docket and manage discovery under Tex. R. Civ. P. 166 and 190 also applies.

VI. ARGUMENT

A. Good Cause Exists for the Requested Extension

[________________________________]

(Detail the specific facts and circumstances that constitute good cause. Address each factor listed in Section V.B above. Be specific about dates, events, and efforts to comply.)

B. Movant Has Acted with Diligence

[________________________________]

(Describe the specific steps taken to comply with the deadline and the point at which it became apparent that additional time was necessary.)

C. No Prejudice to Non-Movant

[________________________________]

(Explain why the extension will not prejudice the opposing party. Address the trial setting, discovery schedule, and any upcoming deadlines.)

D. The Extension Serves the Interests of Justice

[________________________________]

(Explain how the extension promotes the just and efficient resolution of the dispute, including how the quality of the work product or submissions will benefit from additional time.)

VII. PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Movant respectfully prays that this Honorable Court:

1. GRANT this Motion for Extension of Time;

2. EXTEND the deadline for [________________________________] from [__/__/____] to [__/__/____];

3. MODIFY the Court's ☐ Scheduling Order / ☐ Docket Control Order as necessary to accommodate the extension;

4. GRANT such other and further relief, both general and special, at law and in equity, to which Movant may show itself to be justly entitled.

Respectfully submitted,

[________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Texas [________________________________]
Telephone: [________________________________]
Fax: [________________________________]
Email: [________________________________]

By: _______________________________________________
[________________________________]
State Bar No. [________________________________]
Attorney for [________________________________]

Date: [__/__/____]

VIII. VERIFICATION (IF REQUIRED)

NOTE: While Tex. R. Civ. P. 5 does not expressly require verification of a motion for extension, certain courts and local rules may require it. Include this verification if applicable or to strengthen the motion.

VERIFICATION

STATE OF TEXAS

COUNTY OF [________________________________]

BEFORE ME, the undersigned authority, on this day personally appeared [________________________________], who, being duly sworn, stated under oath:

"I am the ☐ Movant / ☐ attorney of record for Movant in the above-captioned cause. I have read the foregoing Motion for Extension of Time and the factual statements contained therein are within my personal knowledge and are true and correct."

_______________________________________________
[________________________________]
(Affiant)

SUBSCRIBED AND SWORN TO BEFORE ME on this [____] day of [________________________________], 20[____].

_______________________________________________
Notary Public, State of Texas
My Commission Expires: [__/__/____]

(SEAL)

IX. PROPOSED ORDER

CAUSE NO. [________________________________]

[________________________________], Plaintiff(s)

v.

[________________________________], Defendant(s)

IN THE [________________________________] COURT
[________________________________] COUNTY, TEXAS

ORDER ON MOTION FOR EXTENSION OF TIME

On this date, the Court considered the Motion for Extension of Time filed by [________________________________]. After reviewing the motion, ☐ any response, and ☐ argument of counsel, the Court finds as follows:

☐ GRANTED. Good cause having been shown, it is ORDERED that the deadline for [________________________________] is hereby extended from [__/__/____] to [__/__/____]. All other deadlines in the Court's ☐ Scheduling Order / ☐ Docket Control Order remain in full force and effect unless otherwise modified by subsequent order of this Court.

☐ GRANTED IN PART. It is ORDERED that the deadline for [________________________________] is extended to [__/__/____]. The following additional modifications are made: [________________________________]

☐ DENIED. The motion is denied. The deadline of [__/__/____] remains in full force and effect.

SIGNED on [__/__/____].

_______________________________________________
JUDGE PRESIDING

X. 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 on all counsel and pro se parties of record in accordance with Texas Rule of Civil Procedure 21a via the method(s) indicated below:

_______________________________________________
[________________________________]
State Bar No. [________________________________]

XI. PRACTICE NOTES

A. Pre-Expiration vs. Post-Expiration Requests

B. Local Rule Variations

Practitioners must consult local rules for the specific county. Common local requirements include:

• Harris County (Civil): Motions for extension must state the current trial date, number of prior extensions, and whether the motion is agreed or contested.
• Dallas County: Local rules require a certificate of conference and state a preference for agreed extensions.
• Bexar County: Motions affecting scheduling order deadlines must be set for hearing unless agreed.
• Tarrant County: Extensions of discovery deadlines may require leave of court if the discovery period has closed under Tex. R. Civ. P. 190.

C. E-Filing Requirements

All motions must be filed through eFileTexas.gov in mandatory e-filing counties. Use the filing code "Motion for Extension of Time" or equivalent. Serve all parties electronically through the e-filing system per Tex. R. Civ. P. 21.

D. Strategic Considerations

1. File early. Courts are far more receptive to pre-expiration requests than post-expiration motions.
2. Confer first. An agreed motion is almost always granted. Attempt to obtain opposing counsel's consent before filing.
3. Be specific. Vague assertions of "need more time" are insufficient. Identify concrete facts supporting good cause.
4. Propose safeguards. Offer to maintain the trial date and other deadlines to address concerns about delay.
5. Limit the ask. Request only as much additional time as is genuinely needed.

SOURCES AND REFERENCES

• Tex. R. Civ. P. 5 — Enlargement of Time
• Tex. R. Civ. P. 166 — Pretrial Conference; Scheduling Order
• Tex. R. Civ. P. 190 — Discovery Limitations
• Tex. R. Civ. P. 191.2 — Conference Requirement
• Tex. R. Civ. P. 21 — Filing and Serving Pleadings and Motions
• Tex. R. Civ. P. 21a — Methods of Service
• Carpenter v. Cimarron Hydrocarbons Corp., 98 S.W.3d 682 (Tex. 2002)
• In re Kuntz, 124 S.W.3d 179 (Tex. 2003)
• eFileTexas.gov — Mandatory Electronic Filing Portal