MOTION FOR EXTENSION OF TIME

Commonwealth of Virginia — Circuit Court

1. CAPTION

VIRGINIA: IN THE CIRCUIT COURT OF [________________________________]

[________________________________],
Plaintiff,

v. Case No. [________________________________]

[________________________________],
Defendant.
Note: Virginia captions traditionally begin with "VIRGINIA:" followed by the court designation. The locality may be a city or county (e.g., "the City of Richmond" or "Fairfax County").

2. HEADING

MOTION FOR EXTENSION OF TIME PURSUANT TO RULE 1:9 OF THE RULES OF THE SUPREME COURT OF VIRGINIA

3. INTRODUCTION

COMES NOW [________________________________] ("Movant"), by counsel, and respectfully moves this Honorable Court pursuant to Rule 1:9 of the Rules of the Supreme Court of Virginia for an Order extending the time within which Movant must [________________________________] (the "Subject Deadline"). The current deadline is [__/__/____]. Movant respectfully requests that this Court extend the 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, Docket Control Order, Rule of Court, 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
   ☐ After the expiration of the current deadline (Rule 1:9 permits extensions even after expiration)

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 — The 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, interrogatories, requests for production, or requests for admission).

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

☐ Third-Party Discovery Pending — Responses to third-party subpoenas duces tecum 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 scheduling conflict on or near the current deadline, specifically [________________________________] (identify: trial in another court, mandatory MCLE requirement, 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.

☐ 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. Rule 1:9 of the Rules of the Supreme Court of Virginia

Rule 1:9, titled "Discretion of Court," provides in pertinent part:

"All steps and procedures in the clerk's office touching the filing of pleadings and the maturing of suits or actions may be reviewed and corrected by the court. The time allowed for filing pleadings may be extended by the court in its discretion and such extension may be granted although the time fixed already has expired; but the time fixed for the filing of a motion challenging the venue will in no case be extended."

B. Key Features of Rule 1:9

Rule 1:9 establishes the following principles:

1. Broad Discretion: The Court has broad discretion to extend time for filing pleadings and other procedural acts.

2. Retroactive Extensions: Unlike many jurisdictions, Virginia expressly permits extensions even after the original deadline has passed. The rule states that "such extension may be granted although the time fixed already has expired."

3. Venue Exception: The sole express limitation is that the time for filing a motion challenging venue cannot be extended under any circumstances.

4. No Explicit Standard: Rule 1:9 does not prescribe a specific standard such as "good cause" or "excusable neglect." Rather, it commits the decision to the court's sound discretion. However, Virginia courts have developed factors that inform the exercise of that discretion.

C. Rule 4:15 — Discovery Extensions

For discovery-related deadlines, Rule 4:15(b) of the Rules of the Supreme Court of Virginia governs. This rule requires that before filing a motion related to discovery, the moving party must certify that counsel have conferred or attempted to confer to resolve the dispute without court intervention.

D. Factors Considered by Virginia Courts

Virginia circuit courts, in exercising their discretion under Rule 1:9, generally consider:

1. The reason for the request and whether it is meritorious
2. The diligence of the moving party
3. Prejudice to the opposing party if the extension is granted
4. The impact on the docket control order and trial date
5. Whether the request is made before or after the deadline
6. The number of prior extensions
7. The overall interests of justice

E. Virginia Code Section 8.01-271.1

All pleadings, motions, and other papers filed in Virginia circuit courts must be signed by at least one attorney of record in the attorney's individual name, or by a party if the party is unrepresented. The signature constitutes a certification that the filing is well grounded in fact and warranted by existing law.

9. ARGUMENT

A. The Court Should Exercise Its Discretion to Grant the Extension

[________________________________] (Detail specific circumstances justifying the extension under Rule 1:9's discretionary standard.)

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 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 deadlines in the docket control order 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 [________________________________].

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 deadlines in the docket control order.

☐ 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

Pursuant to Rule 4:15(b) of the Rules of the Supreme Court of Virginia (for discovery-related extensions) and general practice, 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:

14. REQUESTED RELIEF

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

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

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

15. SIGNATURE BLOCK

Respectfully submitted,

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

By: ________________________________
[________________________________]
Virginia State Bar No. [________________________________]
Counsel for [________________________________]

Date: [__/__/____]

16. PROPOSED ORDER

VIRGINIA: IN THE CIRCUIT COURT OF [________________________________]

[________________________________],
Plaintiff,

v. Case No. [________________________________]

[________________________________],
Defendant.

ORDER

This matter came before the Court on [________________________________]'s
Motion for Extension of Time filed pursuant to Rule 1:9 of the Rules of the
Supreme Court of Virginia. The Court, having considered the Motion, any
response thereto, and the arguments of counsel, finds that the exercise
of discretion in favor of the requested extension is appropriate.

Accordingly, it is hereby ORDERED as follows:

☐ The Motion is GRANTED. The deadline for [________________________________]
is extended from [__/__/____] to [__/__/____]. All other provisions
of the docket control order remain in full force and effect.

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

☐ The Motion is DENIED.

☐ Other: [________________________________].

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

________________________________
Judge

17. 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 Virginia Judicial Electronic Filing System (VJEFS) (Rule 1:12):

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

Service was effectuated in accordance with Rule 1:12 of the Rules of the Supreme Court of Virginia.

________________________________
[________________________________]
Virginia State Bar No. [________________________________]

18. PRACTICE NOTES FOR VIRGINIA PRACTITIONERS

A. Virginia Court Structure

Virginia circuit courts are courts of general jurisdiction and hear civil matters with amounts in controversy exceeding $4,500 (exclusive jurisdiction over $25,000). Each city and county has its own circuit court. Virginia does not have a separate chancery court system; the circuit court exercises both law and equity jurisdiction.

B. Key Differences from Federal Practice

• No Explicit "Good Cause" Standard: Unlike Federal Rule of Civil Procedure 6(b), Virginia Rule 1:9 does not require "good cause" or "excusable neglect" by its terms. The standard is simply the court's discretion.
• Retroactive Extensions Expressly Permitted: Rule 1:9 explicitly allows extensions after the deadline has passed, unlike some state procedural schemes that impose heightened standards for post-expiration requests.
• Venue Exception: The time for filing a motion to challenge venue cannot be extended under any circumstances — a unique limitation in Virginia practice.

C. Docket Control Orders

Virginia circuit courts routinely enter docket control orders (also called scheduling orders) that establish deadlines for discovery, expert disclosures, dispositive motions, and trial. Extensions of deadlines set by docket control orders are governed by Rule 1:9 and require court approval.

D. Local Rules by Circuit

Virginia has 31 judicial circuits. Key local rule variations include:

• Fairfax County (19th Circuit): Specific motion day practices; motions generally heard on Fridays. Local rules require certification of conferral.
• City of Richmond (13th Circuit): Motions practice governed by local rules with specific filing deadlines.
• Virginia Beach (2nd Circuit): Check local rules for motion scheduling requirements.
• Arlington County (17th Circuit): Local motion practice rules may require advance scheduling with the clerk.

E. Electronic Filing (VJEFS)

Virginia has implemented the Virginia Judicial Electronic Filing System (VJEFS) in many circuit courts. Where VJEFS is available, filing and service through the system satisfies Rule 1:12 requirements. Verify whether your circuit has adopted electronic filing.

F. Oral Argument

Virginia circuit courts may rule on motions with or without oral argument. Some circuits schedule regular motion days. If oral argument is desired, the motion should state so, and counsel should coordinate with the clerk's office for scheduling.

G. Agreed Extensions

If opposing counsel consents, the preferred practice in Virginia is to submit an agreed order (also called a consent order) directly to the assigned judge, rather than filing a contested motion. The agreed order should recite the parties' consent and the new deadline.

Sources and References

• Rule 1:9, Rules of the Supreme Court of Virginia (Discretion of Court)
• Rule 1:5, Rules of the Supreme Court of Virginia (Counsel — Signing)
• Rule 1:12, Rules of the Supreme Court of Virginia (Electronic Filing and Service)
• Rule 4:15, Rules of the Supreme Court of Virginia (General Provisions Governing Discovery)
• Va. Code Ann. § 8.01-271.1 (Signing of Pleadings; Sanctions)
• Virginia Courts website: https://www.vacourts.gov
• Rules of the Supreme Court of Virginia: https://www.vacourts.gov/courts/scv/rulesofcourt.pdf
• Local Rules: Available through individual circuit court clerk's offices