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 — "cause shown" standard).
   ☐ The deadline HAS expired (post-expiration request — "excusable neglect or unavoidable cause" 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/unavoidable cause, 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) governs extensions of time and 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, all the parties, by written stipulation of counsel filed in the action, may agree upon a different period, or 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 or unavoidable cause."

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

20. Post-Expiration Requests (Rule 6(b)(2)): 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 or unavoidable cause." This is a more exacting standard than the pre-expiration "cause shown" requirement. See Bartles v. Hinkle, 196 W. Va. 381, 472 S.E.2d 827 (1996).

21. Stipulated Extensions: Rule 6(b) expressly permits the parties to agree upon a different time period by written stipulation of counsel 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. Key changes relevant to time and scheduling include:

a. Revised computation of time provisions under Rule 6(a), adopting a day-count methodology;
b. Updated deadlines throughout the rules for various responsive pleadings and discovery obligations;
c. Enhanced case management and scheduling provisions under Rule 16.

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

D. Factors Considered by West Virginia Courts

24. West Virginia courts consider the following factors in evaluating motions for extension:

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.

See State ex rel. Hoover v. Berger, 199 W. Va. 12, 483 S.E.2d 12 (1996); Bartles v. Hinkle, 196 W. Va. 381, 472 S.E.2d 827 (1996).

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 / Unavoidable Cause (Post-Expiration Requests Only)

29. ☐ Not applicable — the deadline has not yet expired.
    ☐ The failure to timely act was the result of excusable neglect or unavoidable cause 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 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 E-Filing System (File & ServeXpress), which will serve all registered counsel of record in accordance with W. Va. R. Civ. P. 5(b)(2)(D).

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 significant revisions. 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 File & ServeXpress e-filing system. Electronic filing is mandatory in most circuit courts. Attorneys must register for an account and ensure that filings comply with electronic filing requirements.

3. Stipulated Extensions: Rule 6(b) 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 7.01: The West Virginia Trial Court Rules supplement the Rules of Civil Procedure on motions practice. Rule 7.01 may impose additional requirements for formatting, page limits, or hearing procedures. Consult the applicable Trial Court Rules for the circuit where the case is pending.

5. Post-Expiration "Unavoidable Cause": Unlike the federal rules, West Virginia Rule 6(b)(2) includes "unavoidable cause" as an alternative ground (in addition to excusable neglect) for post-expiration extensions. This provides a broader basis for relief than the federal counterpart.

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), time computation follows a day-count method. Exclude the day of the triggering event. If the last day falls on a Saturday, Sunday, or legal holiday under W. Va. Code § 2-2-1, the period extends to the next business day.

8. Circuit-Specific Practices: West Virginia has 55 counties organized into 31 judicial circuits. Individual circuits may have local administrative orders or practices affecting motions and scheduling. Check with the circuit clerk's office.

Sources and References

• W. Va. R. Civ. P. 6(a) — Computing Time
• W. Va. R. Civ. P. 6(b) — Enlargement of Time
• W. Va. R. Civ. P. 7(b) — Motions and Other Papers
• W. Va. R. Civ. P. 5(b) — Service of Pleadings and Other Papers
• W. Va. R. Civ. P. 16 — Pretrial Conferences; Scheduling; Management
• W. Va. Trial Ct. R. 7.01 — Motions Practice
• W. Va. Code § 56-6-1 et seq. — Trial Practice and Procedure
• W. Va. Code § 2-2-1 — Legal Holidays
• Bartles v. Hinkle, 196 W. Va. 381, 472 S.E.2d 827 (1996)
• State ex rel. Hoover v. Berger, 199 W. Va. 12, 483 S.E.2d 12 (1996)
• West Virginia Judiciary — Rules of Civil Procedure: https://www.courtswv.gov/legal-community/court-rules/rules-civil-procedure-contents
• West Virginia 2025 Rules Update Summary: https://wvbar.org
• West Virginia E-Filing System: https://www.courtswv.gov