Washington State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

STATE OF WASHINGTON — SUPERIOR COURT

1. CAPTION

SUPERIOR COURT OF WASHINGTON
FOR [________________________________] COUNTY

[________________________________],        )
                                           )    No. [________________________________]
     Plaintiff,                            )
                                           )    MOTION FOR EXTENSION
v.                                         )    OF TIME
                                           )
[________________________________],        )    [Clerk's Action Required]
                                           )
     Defendant.                            )

2. NOTE FOR MOTION DOCKET / NOTE FOR CALENDAR

IMPORTANT: Washington Superior Courts typically require a separate Note for Motion or Note for Calendar setting a hearing date, unless the local court rules permit decision on the papers. Check the applicable county's local civil rules (LCR) before filing.

TO:     Clerk of the Court and All Parties of Record
FROM:   [________________________________], Attorney for [________________________________]

PLEASE TAKE NOTICE that the undersigned will bring the attached Motion for
Extension of Time for hearing on [__/__/____] at [________] a.m./p.m. before
the Honorable [________________________________], or any judge to whom the
matter may be assigned, in Courtroom [____] of the [________________________________]
County Superior Court, located at [________________________________].

☐ This motion is noted for the regular civil motions calendar.
☐ This motion is submitted for decision on the papers without oral argument
   pursuant to LCR [____].

3. MOTION FOR EXTENSION OF TIME

COMES NOW [________________________________] ("Movant"), by and through undersigned counsel, and respectfully moves this Court pursuant to Civil Rule 6(b) for an Order extending the time within which to [________________________________] from the current deadline of [__/__/____] to and including [__/__/____], a period of [____] additional days.

This Motion is based upon the records and files herein, the declaration of [________________________________] filed herewith, and the memorandum of authorities below.

4. STATEMENT OF CONFERRAL

Pursuant to applicable local civil rules:

☐ Undersigned counsel conferred with counsel for the opposing party, [________________________________], on [__/__/____] by ☐ telephone / ☐ email / ☐ in person regarding the relief requested. The opposing party ☐ consents / ☐ does not oppose / ☐ opposes the requested extension. If opposed, stated reasons: [________________________________]

☐ Undersigned counsel made good faith efforts to confer with opposing counsel but was unable to do so despite attempts on [__/__/____] by [________________________________]. Details: [________________________________]

☐ The opposing party is proceeding pro se. Movant contacted the party on [__/__/____] and the party's position is: [________________________________]

NOTE: Many Washington counties (e.g., King County LCR 7(b)(4); Pierce County LCR 7; Snohomish County LCR 7) require a statement regarding conferral or a certification that good faith efforts were made to resolve the dispute before filing a motion. Check your local rules.

5. PROCEDURAL BACKGROUND

1. This action was commenced on or about [__/__/____].

2. On [__/__/____], the Court entered its [________________________________] (the "Order"), which established a deadline of [__/__/____] for Movant to [________________________________].

3. As of the date of this Motion, the current deadline ☐ has not yet expired / ☐ expired on [__/__/____].

4. Movant has ☐ not previously sought / ☐ previously sought [____] extension(s) of this particular deadline.

5. The trial date in this matter is currently set for [__/__/____].

6. IDENTIFICATION OF DEADLINE AND OBLIGATION

7. GROUNDS FOR EXTENSION

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

☐ Complexity of the issues involved requiring additional preparation time

☐ Volume of documents or discovery materials to be reviewed (approximately [____] pages/items)

☐ Unavailability of key witness(es): [________________________________]

☐ Scheduling conflict of counsel: [________________________________]

☐ Ongoing settlement negotiations between the parties

☐ Recent retention of new counsel requiring time to become familiar with the case

☐ Illness or medical emergency affecting ☐ counsel / ☐ party / ☐ witness

☐ Need for additional expert analysis or consultation

☐ Awaiting receipt of records or information from third parties: [________________________________]

☐ Recent supplemental discovery production requiring additional review

☐ Intervening holiday(s) or court closure(s)

☐ Other: [________________________________]

8. MEMORANDUM OF AUTHORITIES

A. Legal Standard Under CR 6(b)

Washington Civil Rule 6(b) 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) with or without motion or notice 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; but it may not extend the time for taking any action under rules 50(b), 59(b), 59(d), and 60(b), except to the extent and under the conditions stated in them."

Washington courts have broad discretion in granting or denying motions for enlargement of time. See Burlingame v. Consolidated Mines & Smelting Co., 106 Wn.2d 328, 335 (1986); Griggs v. Averbeck Realty, Inc., 92 Wn.2d 576, 582 (1979).

B. Standard for Pre-Deadline Motions (CR 6(b)(1) — "Cause Shown")

When the motion is filed before the deadline expires, the movant need only demonstrate "cause shown." This is a flexible standard, and Washington courts consider the totality of the circumstances, including:

• The nature and complexity of the case
• Whether the movant has been diligent
• The length of the extension requested
• The impact on the case schedule
• Any prejudice to the opposing party

C. Standard for Post-Deadline Motions (CR 6(b)(2) — "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." Washington courts apply the four-factor test from Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993):

1. The danger of prejudice to the opposing party
2. The length of the delay and its impact on judicial proceedings
3. The reason for the delay, including whether it was within the movant's control
4. Whether the movant acted in good faith

See Pybas v. Paolino, 73 Wn. App. 393 (1994); Kramer v. J.I. Case Mfg. Co., 62 Wn. App. 544 (1991).

D. Good Cause Exists for the Requested Extension

[________________________________]

[________________________________]

[________________________________]

E. Movant Has Demonstrated Diligence

1. [________________________________]

2. [________________________________]

3. [________________________________]

F. No Prejudice to Opposing Party

1. The trial date of [__/__/____] ☐ will not be affected / ☐ will be addressed separately.

2. No depositions or other scheduled events will be disrupted.

3. The opposing party will retain adequate time to respond.

4. [________________________________]

9. PRIOR EXTENSIONS HISTORY

☐ No prior extensions have been sought or granted for this deadline.

10. IMPACT ON CASE SCHEDULE

1. Trial Date: [__/__/____] — ☐ Unaffected / ☐ May require modification

2. Discovery Cutoff: [__/__/____] — ☐ Unaffected / ☐ May require modification

3. Dispositive Motion Deadline: [__/__/____] — ☐ Unaffected / ☐ May require modification

4. Pretrial Conference: [__/__/____] — ☐ Unaffected / ☐ May require modification

5. Other Deadlines Affected: [________________________________]

11. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Court:

1. Grant this Motion for Extension of Time;

2. Extend the deadline for [________________________________] from [__/__/____] to and including [__/__/____];

3. Maintain all other existing deadlines unless the Court determines modification is warranted; and

4. Grant such other and further relief as this Court deems just.

12. DECLARATION IN SUPPORT OF MOTION

DECLARATION OF [________________________________]

I, [________________________________], declare as follows:

1. I am the attorney of record for [________________________________] in the
   above-captioned matter. I am an active member of the Washington State
   Bar Association, WSBA No. [________________________________]. I make this
   declaration based upon personal knowledge, and I am competent to
   testify to the matters set forth herein.

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

3. [State the specific facts supporting the need for extension:]
   ________________________________________________________________
   ________________________________________________________________
   ________________________________________________________________

4. I have exercised due diligence in attempting to meet the original
   deadline by: ________________________________________________________________
   ________________________________________________________________

5. Despite these efforts, additional time is needed because:
   ________________________________________________________________
   ________________________________________________________________

6. The requested extension to [__/__/____] will not prejudice any
   party and will not affect the trial date currently set for [__/__/____].

7. I conferred with opposing counsel, [________________________________],
   on [__/__/____], and opposing counsel ☐ consents / ☐ does not oppose /
   ☐ opposes the requested extension.

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

DATED this ______ day of __________________, 20____, at
[________________________________], Washington.

________________________________________
[________________________________]
WSBA No. [________________________________]

13. SIGNATURE BLOCK

DATED this ______ day of __________________, 20____.

[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Washington [________] (City, Zip)
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
    [________________________________]
    WSBA No. [________________________________]
    Attorney for [________________________________]

14. CERTIFICATE OF SERVICE

I certify that on [__/__/____], I caused a true and correct copy of the foregoing Motion for Extension of Time, Declaration in Support, Note for Motion, and Proposed Order to be served upon the following by the method(s) indicated pursuant to CR 5(b):

☐ Via the Court's electronic filing system (Odyssey File & Serve, Tyler Technologies, or applicable system), which will send electronic notification to all registered counsel of record.

☐ Via U.S. Mail, first class, postage prepaid.

☐ Via legal messenger / hand delivery.

☐ Via facsimile.

☐ Via email (with agreement per CR 5(b)(7)).

________________________________________
[________________________________]
WSBA No. [________________________________]

15. PROPOSED ORDER

SUPERIOR COURT OF WASHINGTON
FOR [________________________________] COUNTY

[________________________________],        )
                                           )    No. [________________________________]
     Plaintiff,                            )
                                           )    ORDER GRANTING MOTION
v.                                         )    FOR EXTENSION OF TIME
                                           )
[________________________________],        )
                                           )
     Defendant.                            )

     THIS MATTER came before the Court upon [________________________________]'s
Motion for Extension of Time. The Court, having reviewed the Motion, the
Declaration of [________________________________], any response filed, and the
record herein, and finding cause shown pursuant to CR 6(b), hereby ORDERS:

     1. The Motion for Extension of Time is GRANTED.

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

     3. All other deadlines in the Case Schedule remain in full force
        and effect unless subsequently modified by the Court.

     4. [Additional provisions, if any: ________________________________]

DATED this ______ day of __________________, 20____.

________________________________________
Honorable [________________________________]
Superior Court Judge

Presented by:

________________________________________
[________________________________]
WSBA No. [________________________________]
Attorney for [________________________________]

16. LOCAL RULE COMPLIANCE CHECKLIST

Washington practice varies significantly by county. Before filing, verify compliance with the applicable local civil rules (LCR):

King County (LCR 7)

☐ Motion noted for regular Friday civil motions calendar (or applicable day)
☐ Motion filed and served at least 6 court days before hearing (LCR 7(b)(4)(A))
☐ Responding documents due by 12:00 noon 2 court days before hearing
☐ Working copies delivered to assigned judge per current requirements
☐ Confirmation of hearing if required

Pierce County (LCR 7)

☐ Motion noted per local calendar requirements
☐ Motion filed and served per local timing requirements
☐ Working copies provided if required

Snohomish County (LCR 7)

☐ Motion noted per local calendar requirements
☐ Complied with local filing and service timelines
☐ Working copies provided if required

Spokane County (LCR 7)

☐ Motion noted per local calendar requirements
☐ Complied with local filing and service timelines

General Checklist (All Counties)

☐ Confirmed whether a Note for Motion / Note for Calendar is required
☐ Confirmed local working copy requirements (many counties have eliminated paper working copies in favor of electronic submission)
☐ Verified e-filing requirements for the specific county
☐ Checked local page limits for motions and memoranda
☐ Verified whether a proposed order must be submitted electronically or in paper form
☐ Confirmed oral argument requirements or availability

17. PRACTICE NOTES FOR WASHINGTON PRACTITIONERS

CR 6(b) Key Distinctions:

• Pre-deadline motions: "cause shown" (lighter standard)
• Post-deadline motions: "excusable neglect" (heavier standard, requires showing the failure was not entirely within movant's control)
• Non-extendable deadlines: CR 50(b) (renewed judgment), CR 59(b) (new trial), CR 59(d) (motion to alter judgment), CR 60(b) (relief from judgment)

Working Copies:

• Many Washington Superior Courts have transitioned to electronic working copies. King County, for example, uses an electronic working copy system. Verify current requirements.

Case Schedule Modifications:

• If the extension affects a deadline in the Case Schedule, the court may require an amended Case Schedule under CR 16. Consider whether a motion to amend the Case Schedule is also needed.

Stipulated Extensions:

• When parties agree, a Stipulated Motion for Extension of Time or Stipulation and Proposed Order is preferred and often granted without hearing. Some counties have specific forms for stipulated continuances.

E-Filing:

• Washington Superior Courts use various e-filing systems. King County uses Odyssey File & Serve. Verify the system used by the specific county.

Sources and References

• Washington Civil Rule 6(b) — Washington Courts
• Washington Civil Rules, Complete Set — Washington Courts
• King County Local Civil Rules, LCR 7 — King County
• Burlingame v. Consolidated Mines & Smelting Co., 106 Wn.2d 328 (1986) — judicial discretion
• Griggs v. Averbeck Realty, Inc., 92 Wn.2d 576 (1979) — enlargement standards
• Pybas v. Paolino, 73 Wn. App. 393 (1994) — excusable neglect factors
• Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993) — excusable neglect test