West Virginia Circuit Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

[________________________________],
    Plaintiff(s),
                                                    Civil Action No. [________________________________]
v.                                                  Judge [________________________________]

[________________________________],
    Defendant(s).

MOTION FOR EXTENSION OF TIME

COMES NOW [________________________________] ("Movant"), by counsel, and respectfully moves this Honorable Court, pursuant to Rule 6(b) of the West Virginia Rules of Civil Procedure, for an Order extending the time within which Movant is required to [________________________________], and in support thereof represents as follows:

I. INTRODUCTION AND IDENTIFICATION OF DEADLINE

1. This civil action was instituted on [__/__/____] and is assigned to the Honorable [________________________________], Circuit Judge.

2. Movant seeks an extension of the deadline for: [________________________________]

3. The current deadline was established by:

☐ Court Order dated [__/__/____]
☐ Scheduling Order entered pursuant to W. Va. R. Civ. P. 16, dated [__/__/____]
☐ West Virginia Rules of Civil Procedure (specify rule): [________________________________]
☐ Stipulation of the parties approved by the Court on [__/__/____]
☐ Trial Court Rule (specify): [________________________________]
☐ Other: [________________________________]

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

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

6. The total additional time requested is: [____] days.

7. ☐ The deadline has NOT yet expired (pre-expiration request — "good cause" standard).
   ☐ The deadline HAS expired (post-expiration request — "excusable neglect" standard applies).

II. PROCEDURAL HISTORY

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

9. The Answer (or other responsive pleading) was filed on [__/__/____].

10. A scheduling order was entered on [__/__/____], establishing the following relevant deadlines:

11. The requested extension ☐ will / ☐ will not affect any other deadline in the scheduling order.

12. This case ☐ is / ☐ is not subject to the Mass Litigation Panel. If yes, Mass Litigation Case No.: [________________________________]

III. PRIOR EXTENSIONS

13. Number of prior extensions requested by Movant for this same deadline: [____]

14. Number of prior extensions granted for this same deadline: [____]

15. ☐ This is the first request for an extension of this deadline.
    ☐ Prior extensions were granted as follows:

IV. GROUNDS FOR EXTENSION

16. Good cause (or excusable neglect, if the deadline has passed) exists for the requested extension based on the following (check all that apply):

☐ Complexity of the issues involved in the required filing or act
☐ Volume of discovery materials requiring review (approximately [____] pages/documents)
☐ Necessity of obtaining outstanding discovery responses from opposing party or third parties
☐ Unavailability of essential witnesses for deposition or consultation
☐ Ongoing good-faith settlement negotiations
☐ Need to retain, consult with, or obtain a report from an expert witness
☐ Illness or medical emergency of counsel, party, or essential witness
☐ Unavoidable scheduling conflict of counsel (specify): [________________________________]
☐ Recent retention, substitution, or addition of counsel
☐ Pending third-party subpoena responses or records requests
☐ Intervening ruling by this Court or an appellate court affecting the matter
☐ Coordination with related cases or consolidated proceedings
☐ Other good cause: [________________________________]

17. Specific factual basis for the requested extension:

[________________________________]
[________________________________]
[________________________________]

V. LEGAL STANDARD

A. Rule 6(b) — Enlargement of Time

18. West Virginia Rule of Civil Procedure 6(b) ("Extending time"), as amended effective January 1, 2025, governs extensions of time and provides:

"(1) In general. When an act may or shall be done within a specified time, all the parties to the action, by written stipulation filed with the court, may agree at any time to a different period, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or (B) on motion made after the time has expired if the party failed to act because of excusable neglect. (2) Exceptions. A court shall not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d) and (e), and 60(c)."

19. Pre-Expiration Requests (Rule 6(b)(1)(A)): When the motion is filed before the deadline has expired, the court may extend time "for good cause" and may do so "with or without motion or notice." This standard affords the court broad discretion.

20. Post-Expiration Requests (Rule 6(b)(1)(B)): When the motion is filed after the deadline has passed, the movant must show that the failure to act was the result of "excusable neglect." This is a more exacting standard than the pre-expiration "good cause" requirement and matches the federal Rule 6(b)(1)(B) standard.

21. Stipulated Extensions: Rule 6(b)(1) expressly permits the parties to agree upon a different time period by written stipulation filed with the court, without the need for a formal motion or court order.

B. 2025 Amendments to the West Virginia Rules of Civil Procedure

22. Effective January 1, 2025, the West Virginia Rules of Civil Procedure were significantly amended — the first substantial overhaul since 1998. Key changes relevant to time and scheduling include:

a. Revised computation-of-time provisions under Rule 6(a): the prior rule excluded intermediate weekends and legal holidays from the count only when the stated period was fewer than 11 days; the amended Rule 6(a)(1) now counts every day, including intermediate Saturdays, Sundays, and legal holidays, for all periods stated in days (with the last day still pushed to the next business day if it falls on a weekend or legal holiday). Rule 6(b) was also restructured (former "cause shown" pre-expiration / "excusable neglect or unavoidable cause" post-expiration standard was simplified to "good cause" pre-expiration / "excusable neglect" post-expiration, dropping "unavoidable cause" as an independent post-expiration ground);
b. Updated deadlines throughout the rules for various responsive pleadings and discovery obligations (e.g., the time to answer a complaint was extended from 20 to 30 days);
c. Enhanced case management and scheduling provisions under Rule 16, including new deadlines for the court to issue a scheduling order after the parties' Rule 26(f) discovery-planning report.

Practitioners must consult the current version of the rules to confirm that all referenced deadlines and procedures remain accurate.

C. Limitations on Enlargement

23. Rule 6(b)(2) does not authorize the court to enlarge the time for taking action under the following rules, except to the extent and under the conditions stated in them:

• Rule 50(b) and (d) — Judgment as a Matter of Law; Renewed Motion
• Rule 52(b) — Amendment of Findings
• Rule 59(b), (d), and (e) — New Trial; Motion to Alter or Amend Judgment
• Rule 60(c) — Timing of Motions for Relief from Judgment or Order

D. Factors Considered by West Virginia Courts

24. West Virginia courts have identified factors relevant to evaluating requests for enlargement of time and to excusable-neglect determinations generally, including:

a. The diligence of the movant in attempting to meet the original deadline;
b. Whether the delay was caused by circumstances beyond the movant's control;
c. The prejudice, if any, to the non-moving party;
d. The length of the extension requested;
e. The number of prior extensions granted;
f. The impact on the trial date and overall case schedule;
g. Whether the extension serves the interests of justice and judicial economy.

VI. ARGUMENT IN SUPPORT

A. Cause Exists for the Requested Extension

25. [________________________________]

26. Movant has exercised diligence in attempting to comply with the current deadline, including:
    [________________________________]
    [________________________________]

B. No Prejudice to Opposing Party

27. Granting the requested extension will not prejudice [________________________________] ("Non-Movant") because:

☐ The trial date of [__/__/____] will not be affected
☐ No other scheduling order deadlines will require modification
☐ Non-Movant will retain adequate time to respond or prepare
☐ Non-Movant consents to or does not oppose the extension
☐ The extension is modest in duration ([____] days)
☐ Other: [________________________________]

C. The Extension Is Not Sought for Purposes of Delay

28. This motion is filed in good faith. The extension is not sought to delay the proceedings, harass any party, or needlessly increase the cost of litigation. The extension will promote the just, speedy, and inexpensive determination of this action.

D. Excusable Neglect (Post-Expiration Requests Only)

29. ☐ Not applicable — the deadline has not yet expired.
    ☐ The failure to timely act was the result of excusable neglect because:
    [________________________________]
    [________________________________]

VII. POSITION OF OPPOSING PARTY

30. Undersigned counsel has conferred with counsel for the opposing party regarding this motion.

31. ☐ Opposing counsel consents to the requested extension.
    ☐ Opposing counsel does not oppose the requested extension.
    ☐ Opposing counsel objects to the requested extension.
    ☐ Opposing counsel has not responded to conferral efforts as of the date of filing.
    ☐ Opposing party is self-represented and was contacted on [__/__/____].
    ☐ The parties have executed a written stipulation extending the deadline (attached hereto).

32. Date of conferral or attempted conferral: [__/__/____]

33. Method of conferral:
    ☐ Telephone ☐ Email ☐ In person ☐ Written correspondence

34. If opposition exists, opposing counsel's stated basis is: [________________________________]

VIII. CERTIFICATE OF CONFERRAL

I, [________________________________], counsel for Movant, hereby certify that on [__/__/____], I conferred (or made good-faith efforts to confer) with [________________________________], counsel for [________________________________], regarding this Motion for Extension of Time.

☐ Opposing counsel consented to the extension.
☐ Opposing counsel did not oppose the extension.
☐ Opposing counsel objected for the following reasons: [________________________________]
☐ Despite good-faith efforts on the following dates and by the following means, I was unable to confer with opposing counsel: [________________________________]

Signature: [________________________________]
Date: [__/__/____]

IX. VERIFICATION

STATE OF WEST VIRGINIA )
) ss.
COUNTY OF [________________________________] )

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

1. I am the ☐ Movant / ☐ Attorney for Movant in this action.

2. The statements contained in this Motion are true and correct to the best of my knowledge, information, and belief.

3. This Motion is filed in good faith and not for any improper purpose.

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

Taken, subscribed, and sworn to before me this [____] day of [________________________________], 20[____].

[________________________________]
Notary Public
My Commission Expires: [__/__/____]

X. PRAYER FOR RELIEF

WHEREFORE, [________________________________] respectfully prays that this Court enter an Order:

1. Extending the time for [________________________________] from [__/__/____] to [__/__/____];

2. Directing that all other scheduling order deadlines and the trial date remain in full force and effect unless modified by further Order of this Court; and

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

SIGNATURE BLOCK

Respectfully submitted,

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

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

Date: [__/__/____]

PROPOSED ORDER

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

[________________________________],
    Plaintiff(s),
                                                    Civil Action No. [________________________________]
v.                                                  Judge [________________________________]

[________________________________],
    Defendant(s).

              ORDER GRANTING MOTION FOR EXTENSION OF TIME

    This matter came before the Court upon [________________________________]'s
Motion for Extension of Time filed on [__/__/____]. The Court, having
reviewed the Motion, any response thereto, and the record herein, and
for good cause shown pursuant to Rule 6(b) of the West Virginia Rules of
Civil Procedure, hereby ORDERS as follows:

    1. The Motion for Extension of Time is GRANTED.

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

    3. All other scheduling order deadlines and the trial date of
       [__/__/____] shall remain in full force and effect unless
       modified by further Order of this Court.

    4. [Additional conditions, if any: ________________________________]

    ENTERED this _______ day of ____________________, 20____.


                              ________________________________________
                              The Honorable [________________________________]
                              Circuit Judge

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I electronically filed the foregoing Motion for Extension of Time and Proposed Order with the Clerk of the Circuit Court of [________________________________] County using the West Virginia Circuit and Family Courts E-File system (CourtPLUS), which will serve all registered counsel of record in accordance with W. Va. R. Civ. P. 5(b)(2)(E).

In addition, service was made by the following means upon:

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

PRACTICE NOTES FOR WEST VIRGINIA PRACTITIONERS

Key West Virginia-Specific Considerations

1. 2025 Rules Amendments: Effective January 1, 2025, the West Virginia Rules of Civil Procedure underwent their first substantial overhaul since 1998. Among other things, Rule 6(a)'s time-computation method changed to count every intermediate day (including weekends and legal holidays) rather than excluding them for short periods, and Rule 6(b)'s post-expiration extension standard was simplified to "excusable neglect" alone (the former additional "unavoidable cause" ground was removed). Practitioners must confirm that all cited rules and referenced deadlines reflect the current version of the rules. A summary of revised deadlines was published by the West Virginia State Bar.

2. E-Filing System: West Virginia circuit courts use the West Virginia Circuit and Family Courts E-File system (built on the CourtPLUS case-management platform), live statewide since July 15, 2024. Electronic filing is mandatory in most circuit courts. Attorneys must register for an account and ensure that filings comply with electronic filing requirements. (File & ServeXpress is a separate system used only for the West Virginia Supreme Court of Appeals, the Intermediate Court of Appeals, and the Mass Litigation Panel.)

3. Stipulated Extensions: Rule 6(b)(1) permits parties to extend deadlines by written stipulation filed with the court. This is often the most efficient path when the extension is unopposed. The stipulation must be signed by all counsel and filed in the action.

4. Trial Court Rule 6: The West Virginia Trial Court Rules supplement the Rules of Civil Procedure on motions practice at Rule 6 ("Motions Practice, General," Rules 6.01-6.04), covering form of memoranda/motions, citation form, and copies of memoranda. (Trial Court Rule 7 governs jury administration, not motions practice.) Consult the applicable Trial Court Rules for the circuit where the case is pending.

5. Post-Expiration Standard — "Unavoidable Cause" Removed: Prior to January 1, 2025, West Virginia Rule 6(b)(2) permitted a post-expiration extension upon a showing of "excusable neglect or unavoidable cause," a broader standard than the federal rule. Effective January 1, 2025, Rule 6 was restructured and the post-expiration standard in current Rule 6(b)(1)(B) now tracks the federal standard: "excusable neglect" alone. "Unavoidable cause" remains available as a ground for relief from judgment under Rule 60(b)(1), but it is no longer an independent ground for enlarging time under Rule 6(b).

6. Mass Litigation Panel: If the case is assigned to the West Virginia Mass Litigation Panel, additional rules and scheduling requirements may apply. See W. Va. Trial Ct. R. 26.01 et seq.

7. Time Computation: Under the 2025 amendments to Rule 6(a)(1), when a period is stated in days (or a longer unit), exclude the day of the triggering event and then count every day, including intermediate Saturdays, Sundays, and legal holidays. If the last day falls on a Saturday, Sunday, or legal holiday under W. Va. Code § 2-2-1, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

8. Circuit-Specific Practices: West Virginia has 55 counties. As of the 2025 circuit realignment, they are organized into 30 judicial circuits (reduced from 31 circuits under prior law). Individual circuits may have local administrative orders or practices affecting motions and scheduling. Check with the circuit clerk's office and the current West Virginia Judiciary judicial circuit map.

Sources and References

• W. Va. R. Civ. P. 6(a) — Computing Time (as amended effective January 1, 2025)
• W. Va. R. Civ. P. 6(b) — Extending Time (as amended effective January 1, 2025)
• W. Va. R. Civ. P. 7(b) — Motions and Other Papers
• W. Va. R. Civ. P. 5(b) — Serving and Filing of Pleadings and Other Documents
• W. Va. R. Civ. P. 16 — Pretrial Conferences; Scheduling; Management
• W. Va. Trial Ct. R. 6 — Motions Practice, General
• W. Va. Code § 56-6-1 et seq. — Trial Practice and Procedure
• W. Va. Code § 2-2-1 — Legal Holidays
• West Virginia Judiciary — Rules of Civil Procedure (current, effective Jan. 1, 2025): https://www.courtswv.gov/sites/default/pubfilesmnt/2025-02/RCP%20Final.pdf
• West Virginia Judiciary — Court Rules landing page: https://www.courtswv.gov/legal-community/court-rules/rules-civil-procedure-contents
• West Virginia Judiciary — Trial Court Rules: https://www.courtswv.gov/legal-community/court-rules/wv-trial-court-rules-contents
• West Virginia Judiciary — Circuit/Family Courts E-Filing Status: https://www.courtswv.gov/legal-community/e-filing/circuit-family-courts/status
• West Virginia Judiciary — Lower Courts, Circuit Courts (55 counties/30 circuits): https://www.courtswv.gov/lower-courts/circuit-courts
• West Virginia State Bar — 2025 Rules Amendment Deadlines Summary: https://wvbar.org/wp-content/uploads/2024/08/2025-WV-Rules-Amendment-Deadlines-Summary-4882-9674-5388-6-002-1.pdf
• West Virginia Code (WV Legislature) — Chapter 56, Article 6: https://code.wvlegislature.gov/56-6/
• West Virginia Code (WV Legislature) — § 2-2-1: https://code.wvlegislature.gov/2-2-1/