Vermont State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

Vermont Superior Court

1. CAPTION

STATE OF VERMONT
SUPERIOR COURT                                      Civil Division
[________________________________] Unit             Docket No. [________________________________]

[________________________________],
               Plaintiff,

     v.                                             MOTION FOR EXTENSION OF TIME

[________________________________],
               Defendant.

2. CASE INFORMATION

3. MOTION

TO THE HONORABLE COURT:

NOW COMES [________________________________] ("Movant"), by and through undersigned counsel, and respectfully moves this Court, pursuant to Vermont Rule of Civil Procedure 6(b), for an order extending the time within which to:

[________________________________]
[________________________________]

In support of this motion, Movant states as follows:

4. IDENTIFICATION OF DEADLINE

A. Current Deadline

The current deadline for the above-described act is [__/__/____], as established by:

☐ The Vermont Rules of Civil Procedure, specifically V.R.C.P. [________________________________]
☐ Court Order dated [__/__/____]
☐ Scheduling Order dated [__/__/____]
☐ Stipulation of the parties dated [__/__/____]
☐ Statute: [________________________________]
☐ Other: [________________________________]

B. Proposed New Deadline

Movant respectfully requests that the deadline be extended to [__/__/____], an extension of [____] days.

C. Timing of This Motion

☐ This motion is filed before expiration of the current deadline (governed by V.R.C.P. 6(b)(1) -- court discretion with cause shown)
☐ This motion is filed after expiration of the current deadline (governed by V.R.C.P. 6(b)(2) -- excusable neglect required)

5. GROUNDS FOR EXTENSION

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

☐ Complexity of the issues requiring additional research, analysis, or preparation
☐ Volume of documents, discovery materials, or records to be reviewed
☐ Unavailability of key witnesses, parties, or experts
☐ Scheduling conflicts of counsel
☐ Recent receipt of voluminous documents or supplemental discovery
☐ Need to retain or consult with expert witnesses
☐ Settlement negotiations are ongoing and productive
☐ Illness or medical emergency of counsel, party, or key witness
☐ Recently retained or substituted counsel requires time to review the case
☐ Weather or transportation difficulties (relevant in Vermont's rural jurisdictions)
☐ Pending related proceedings that may affect this matter
☐ Intervening legal developments
☐ Other: [________________________________]

6. SUPPORTING AFFIDAVIT / DECLARATION

Affidavit of [________________________________]

STATE OF VERMONT
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, depose and say:

1. I am the attorney of record for [________________________________] in the above-captioned matter. I am admitted to the Vermont Bar, Bar Number [________________________________], and am a member of the firm of [________________________________].

2. On [__/__/____], the Court [entered an order / issued a scheduling order / the Rules require] establishing [__/__/____] as the deadline for [________________________________].

3. Since the deadline was established, the following circumstances have arisen that necessitate additional time:

a. [________________________________]
[________________________________]

b. [________________________________]
[________________________________]

c. [________________________________]
[________________________________]

4. Movant has exercised reasonable diligence in attempting to meet the current deadline, including the following specific steps:

a. [________________________________]
b. [________________________________]
c. [________________________________]

5. Despite these diligent efforts, the deadline cannot be met because: [________________________________]

6. The requested extension of [____] days is the minimum additional time reasonably necessary to [________________________________].

7. Conferral with Opposing Counsel. On [__/__/____], I contacted [________________________________], counsel for [________________________________], regarding this requested extension.

☐ Opposing counsel does not oppose this motion.
☐ Opposing counsel consents to this motion.
☐ Opposing counsel opposes this motion. The stated grounds are: [________________________________]
☐ Opposing counsel takes no position.
☐ Opposing counsel could not be reached despite good-faith efforts on [__/__/____] and [__/__/____].

8. Prior Extensions.

☐ No prior extensions have been sought or granted for this or any related deadline.
☐ The following prior extensions have been sought or granted:

9. Impact on Case Schedule.

☐ The requested extension will not affect the trial date or any other scheduling order deadline.
☐ The requested extension may affect: [________________________________]. Movant proposes the following adjustments: [________________________________].

10. Granting this extension will not prejudice the opposing party because: [________________________________]

________________________________________
[________________________________]
Vermont Bar No. [________________________________]

Subscribed and sworn to before me
this [____] day of [________________________________], [____].

________________________________________
Notary Public
My commission expires: [__/__/____]

(Alternatively, if using an unsworn declaration under 12 V.S.A. section 1653a:)

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

Dated: [__/__/____]

________________________________________
[________________________________]

7. LEGAL STANDARD

A. Pre-Deadline Extensions: V.R.C.P. 6(b)(1)

Vermont Rule of Civil Procedure 6(b)(1) provides that when an act is required or allowed to be done at or within a specified time by the rules, by order of court, or by applicable statute, the court for cause shown may at any time in its discretion, with or without motion or notice, order the period enlarged if the request is made before the expiration of the period originally prescribed or as extended by a previous order.

The "cause shown" standard affords the trial court wide discretion. Vermont courts recognize that Rule 6(b) is a rule of general application giving broad authority to enlarge time limits. The moving party need demonstrate only a reasonable basis for needing additional time. See Reporter's Notes to V.R.C.P. 6.

B. Post-Deadline Extensions: V.R.C.P. 6(b)(2)

When the deadline has already expired, V.R.C.P. 6(b)(2) permits the court to allow the act upon motion where the failure to act was the result of excusable neglect. Courts evaluate excusable neglect by considering: (1) the danger of prejudice to the non-moving party; (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.

C. Limitations on Enlargement

V.R.C.P. 6(b) expressly provides that the court may not extend the time for taking any action under Rules 50(b), 52(b), 59(b), 59(d), and 60(b), except to the extent and under the conditions stated in those rules. These non-extendable deadlines relate to post-trial motions including motions for judgment as a matter of law, amendment of findings, new trial, and relief from judgment.

D. Elimination of the Three-Day Rule

Effective September 6, 2022, Vermont eliminated the former "three-day rule" that had provided additional time when a deadline was triggered by service of a document. Under current practice, no additional days are added for any method of service, including electronic service through Odyssey File & Serve. Practitioners should calendar deadlines accordingly.

8. ARGUMENT

A. Good Cause / Excusable Neglect Exists

[________________________________]
[________________________________]
[________________________________]

B. Movant Has Exercised Reasonable Diligence

Movant has diligently pursued compliance with the current deadline. Specifically:

[________________________________]
[________________________________]
[________________________________]

C. No Prejudice to Opposing Party

Granting this extension will not prejudice the opposing party because:

☐ The trial date of [__/__/____] will not be affected
☐ No other scheduling order deadlines will be impacted
☐ Discovery remains open
☐ Opposing counsel has indicated no objection or concrete prejudice
☐ The extension requested is modest in duration ([____] days)
☐ Other: [________________________________]

D. Interests of Justice Favor Extension

[________________________________]
[________________________________]

9. OPPOSING PARTY'S POSITION

☐ Opposing party does not oppose this motion.
☐ Opposing party consents to this motion (stipulation attached).
☐ Opposing party opposes this motion. The stated grounds for opposition are:
[________________________________]
[________________________________]
☐ Opposing party takes no position.
☐ Opposing party could not be reached despite good-faith efforts on [________________________________].

10. PREJUDICE ANALYSIS

11. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that this Court:

1. Enter an order extending the deadline for [________________________________] from [__/__/____] to [__/__/____];

2. Maintain all other existing deadlines and scheduling orders in full force and effect unless otherwise modified;

3. Grant such other and further relief as the Court deems just and proper.

12. SIGNATURE BLOCK

Respectfully submitted,

Dated: [__/__/____]

[________________________________]
[Law Firm Name]
[________________________________]
[Street Address]
[________________________________]
[City], Vermont [____]
Telephone: [________________________________]
Email: [________________________________]

By: ________________________________________
    [________________________________]
    Vermont Bar No. [________________________________]
    Attorney for [________________________________]

13. PROPOSED ORDER

STATE OF VERMONT
SUPERIOR COURT                                      Civil Division
[________________________________] Unit             Docket No. [________________________________]

[________________________________],
               Plaintiff,

     v.                                             ORDER ON MOTION FOR
                                                    EXTENSION OF TIME
[________________________________],
               Defendant.


     The Court, having reviewed [________________________________]'s Motion for
Extension of Time and any opposition thereto, and for the reasons stated on the
record or in this Order, hereby ORDERS as follows:

     ☐ The Motion for Extension of Time is GRANTED.

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

       All other deadlines and scheduling orders remain in full force and effect.

     ☐ The Motion for Extension of Time is GRANTED IN PART.

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

       Additional conditions: [________________________________]

     ☐ The Motion for Extension of Time is DENIED.

       Reason: [________________________________]


Dated at [________________________________], Vermont this [____] day
of [________________________________], [____].


                              ________________________________________
                              [________________________________]
                              Superior Court Judge

14. CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I caused the foregoing Motion for Extension of Time, Supporting Affidavit/Declaration, and Proposed Order to be filed with the Court and served upon all parties as follows:

Method of Filing:
☐ Odyssey File & Serve electronic filing system (pursuant to V.R.E.F. 3)
☐ Personal delivery to the Clerk's Office (if exempt from electronic filing)

Method of Service:

☐ Electronic service through the Odyssey File & Serve system upon all registered users, which constitutes valid service under V.R.E.F. 7 and V.R.C.P. 5(b).

Note: Under current Vermont practice (effective September 6, 2022), service through Odyssey File & Serve does not occur until after the clerk accepts the filing. No additional days are added for electronic service (the former three-day rule has been eliminated).

☐ Additional service on parties not registered for electronic service:

________________________________________
[________________________________]
Vermont Bar No. [________________________________]

15. PRACTICE NOTES FOR VERMONT ATTORNEYS

A. Key Rule References

• V.R.C.P. 6(b) governs enlargement of time in civil actions before Vermont Superior Court.
• V.R.C.P. 7(b) requires that motions state with particularity the grounds and the relief sought. Motions must be in writing unless made during a hearing or trial.
• V.R.C.P. 5(b) governs service of papers after the original complaint.
• V.R.E.F. 3 mandates electronic filing through Odyssey File & Serve for attorneys in civil cases.
• V.R.E.F. 7 governs service through the electronic filing system.
• V.R.E.F. 10 specifies the requirements for the certificate of service.

B. Vermont Superior Court Structure

• Vermont reorganized its trial courts effective July 1, 2010, consolidating District Court, Family Court, Superior Court, and Environmental Court into a unified Superior Court with separate divisions (Civil, Criminal, Family, Environmental, and Probate).
• Motions in civil cases are filed in the Civil Division of the Superior Court for the county where the case is pending.
• Each county is referred to as a "Unit" (e.g., "Chittenden Unit," "Washington Unit").

C. Computation of Time

• Under V.R.C.P. 6(a), when computing any period of time prescribed by the rules, exclude the day of the event that triggers the period and count every day, including Saturdays, Sundays, and legal holidays.
• If the last day of the period is a Saturday, Sunday, or legal holiday, the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.
• Important: The former "three-day rule" (which added three days when service was by mail or electronic means) was eliminated effective September 6, 2022. Practitioners must calendar deadlines without adding extra days for method of service.

D. Electronic Filing Through Odyssey

• Electronic filing through Odyssey File & Serve is mandatory for attorneys in all civil case types.
• Service through Odyssey does not occur until the clerk accepts the filing. This means there may be a delay between the time of filing and the time of service.
• Self-represented litigants may be exempt from mandatory electronic filing and may be served by traditional methods.

E. Stipulated Extensions

• If all parties agree to the extension, consider filing a stipulation and proposed order rather than a contested motion. This is generally more efficient and is looked upon favorably by the court.
• Even stipulated extensions should be submitted in writing with a proposed order for court approval.

F. Non-Extendable Deadlines

• The following deadlines cannot be extended under V.R.C.P. 6(b):
• V.R.C.P. 50(b): Renewed motion for judgment as a matter of law
• V.R.C.P. 52(b): Amendment of findings
• V.R.C.P. 59(b): Time for motion for new trial
• V.R.C.P. 59(d): Time for court to order new trial on its own
• V.R.C.P. 60(b): Relief from judgment or order

Sources and References

• Vermont Rules of Civil Procedure: https://www.vermontjudiciary.org/attorneys/rules
• Vermont Rules for Electronic Filing: https://www.vermontjudiciary.org/about-vermont-judiciary/electronic-access/electronic-filing
• Vermont Judiciary -- Proposed and Promulgated Rules: https://www.vermontjudiciary.org/attorneys/rules
• Elimination of the Three-Day Rule (effective Sept. 6, 2022): https://www.vermontjudiciary.org/news/changes-vermont-rules-regarding-email-filing-email-service-and-appellate-filing-periods
• 12 V.S.A. section 1653a (Unsworn Declarations): https://legislature.vermont.gov/statutes/section/12/169/04853b