Wyoming State Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

Wyoming District Court

IMPORTANT PRACTICE NOTES FOR WYOMING PRACTITIONERS

Governing Rule: W.R.C.P. 6(b) governs enlargement of time in Wyoming district courts. The rule provides:

1. Before Deadline Expiration: The court for good cause may, 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.

2. After Deadline Expiration: Upon motion made after the expiration of the specified period, the court may permit the act to be done where the failure to act was the result of "excusable neglect."

Non-Extendable Deadlines: W.R.C.P. 6(b)(2) provides that the court may not extend the time for taking any action under Rules 50(b) and (c)(2), 52(b), 59(b), (d) and (e), and 60(b), except to the extent and under the conditions stated in those rules.

Good Cause Requirement: Wyoming courts require a specific showing of good cause for continuances and extensions. Motions or stipulations for continuance, postponement, or extension of any events, hearings, or other matters must demonstrate good cause, or the request may be denied.

Judicial Districts: Wyoming has nine judicial districts. Each district may have local rules that impose additional requirements. Always consult the local rules of the specific judicial district.

Electronic Filing: Wyoming has implemented electronic filing through the Wyoming Judicial Branch e-filing system. Check the local rules of the applicable judicial district for mandatory e-filing requirements.

Motion Practice: Under W.R.C.P. 6(c)(1), a written motion must be served at least 14 days before the time specified for the hearing, with certain exceptions for motions that may be heard on shorter notice.

CAPTION

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT
IN AND FOR [________________________________] COUNTY, STATE OF WYOMING

Civil Action No. [________________________________]

[________________________________],
          Plaintiff,

     v.

[________________________________],
          Defendant.

MOTION FOR EXTENSION OF TIME

[________________________________] ("Movant"), by and through undersigned counsel, respectfully moves this Court pursuant to Wyoming Rule of Civil Procedure 6(b) for an order extending the deadline for [________________________________] from [__/__/____] to [__/__/____], and in support states:

I. INTRODUCTION AND CASE STATUS

1. This civil action was commenced on [__/__/____] in the [________________________________] Judicial District Court, in and for [________________________________] County, Wyoming.

2. This matter is presently assigned to the Honorable [________________________________], District Court Judge.

3. The Court's [☐ Scheduling Order / ☐ Pretrial Order / ☐ Case Management Order / ☐ Other Order] dated [__/__/____] established a deadline of [__/__/____] for [________________________________].

4. The current deadline [☐ has not yet expired / ☐ expired on [__/__/____]].

5. Trial is scheduled for [__/__/____]. The requested extension will not require any modification of the trial date.

II. DEADLINE SOUGHT TO BE EXTENDED

6. Movant requests an extension of the following deadline:

III. GROUNDS FOR EXTENSION

7. The extension is necessary for the following reasons (check all that apply):

☐ Volume and complexity of discovery materials requiring additional time for review

☐ Recent production of documents by opposing party or third party

☐ Expert witness scheduling conflicts or need for additional expert analysis

☐ Complexity of legal issues necessitating further research

☐ Illness, medical condition, or unavailability of counsel, party, or essential witness

☐ Ongoing settlement discussions or mediation that may resolve the dispute

☐ Coordination needed among multiple parties or co-counsel

☐ Recently discovered evidence or facts requiring investigation

☐ Court scheduling conflict or rescheduling of related proceeding

☐ Change of counsel or addition of new counsel requiring preparation time

☐ Delays in obtaining third-party records or subpoena compliance

☐ Weather-related or travel difficulties (particularly relevant in Wyoming given geographic distances between communities)

☐ Other: [________________________________]

8. Specific factual basis for the extension: [________________________________]

IV. GOOD CAUSE / EXCUSABLE NEGLECT ANALYSIS

A. Pre-Expiration Request (Good Cause Standard — W.R.C.P. 6(b)(1))

9. Good cause exists for the requested extension based on the following:

a. Specific Reason for Extension: [________________________________]

b. Diligence of Movant: Movant has diligently pursued compliance with the existing deadline by taking the following actions:

(i) [________________________________]

(ii) [________________________________]

(iii) [________________________________]

c. Circumstances Necessitating Extension: Despite Movant's diligent efforts, additional time is required because: [________________________________]

d. Reasonableness of Extension: The requested extension of [____] days is the minimum time needed to [________________________________].

B. Post-Expiration Request (Excusable Neglect Standard — W.R.C.P. 6(b)(2))

10. If the deadline has expired, Movant demonstrates excusable neglect:

a. Reason for Missed Deadline: [________________________________]

b. Length of Delay: The deadline expired [____] days ago on [__/__/____].

c. Good Faith: The missed deadline was not the result of bad faith, intentional delay, or willful disregard, but rather: [________________________________]

d. Impact on Opposing Party: The delay has not materially prejudiced the opposing party because: [________________________________]

e. Meritorious Position: Movant has a meritorious [☐ claim / ☐ defense] as shown by: [________________________________]

f. Immediate Remedial Action: Upon discovering the missed deadline, Movant promptly [________________________________].

V. PREJUDICE ANALYSIS

11. The requested extension will not cause unfair prejudice to [________________________________] ("Non-Movant") for the following reasons:

a. ☐ The trial date of [__/__/____] will not be affected.

b. ☐ No other scheduling order deadlines require modification.

c. ☐ Non-Movant's ability to prepare for trial will not be impaired.

d. ☐ No depositions, hearings, or other proceedings will need to be rescheduled.

e. ☐ The extension requested is of short duration ([____] days).

f. ☐ Non-Movant has stated [☐ consent / ☐ no objection] to the extension.

g. ☐ Non-Movant will retain sufficient time to respond to any filing made under the extended deadline.

h. ☐ Other: [________________________________]

VI. PRIOR EXTENSION REQUESTS

12. Movant discloses the following history of extensions in this matter:

☐ No prior extensions have been requested by Movant.

☐ Prior extensions have been requested as follows:

VII. POSITION OF OPPOSING PARTY

13. Movant has communicated with opposing counsel regarding the requested extension:

☐ On [__/__/____], Movant's counsel conferred with opposing counsel, [________________________________], by [☐ telephone / ☐ email / ☐ in-person meeting]. Opposing counsel [☐ consents / ☐ does not object / ☐ opposes] the requested extension.

☐ Movant's counsel made diligent, good-faith efforts to confer with opposing counsel on [__/__/____] and [__/__/____] by [________________________________] but was unable to obtain a response. Documentation of these efforts is attached as Exhibit [____].

☐ Opposing party is self-represented. Movant communicated the substance of this motion to the opposing party on [__/__/____] by [________________________________].

14. If opposing counsel objects, the stated grounds for objection are: [________________________________]

15. Movant's response to the objection: [________________________________]

VIII. PROPOSED SCHEDULE MODIFICATION

16. Movant proposes the following modified schedule:

IX. LEGAL AUTHORITY

17. W.R.C.P. 6(b) provides:

"(1) In General. — 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, or a commissioner thereof, may for good cause and in its discretion: (A) 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 (B) 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; (2) Exceptions. — A court may not extend the time for taking any action under Rules 50(b) and (c)(2), 52(b), 59(b), (d) and (e), and 60(b), except to the extent and under the conditions stated in them."

18. The Wyoming Supreme Court reviews a district court's ruling on a motion for enlargement of time for abuse of discretion, and such a ruling will not be disturbed on appeal absent a manifest abuse of that discretion. See Jacobson v. Cobbs, 2007 WY 99, ¶ 10, 160 P.3d 654, 658 (Wyo. 2007) (applying abuse-of-discretion review to denial of a W.R.C.P. 6(b) motion for enlargement of time, citing Abraham v. Great W. Energy, LLC, 2004 WY 145, ¶ 16, 101 P.3d 446, 454 (Wyo. 2004)).

19. Federal courts, in construing the identical "excusable neglect" standard under Fed. R. Civ. P. 6(b), apply a multi-factor test considering: (1) the danger of prejudice to the non-movant; (2) the length of the 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. See Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 395 (1993). Because W.R.C.P. 6(b) is patterned on the federal rule, practitioners may find this framework persuasive, though counsel should confirm through updated research whether a Wyoming appellate decision has expressly adopted the Pioneer factors before relying on it as controlling Wyoming authority.

20. Under W.R.C.P. 16, the court has broad discretion in managing the pretrial schedule, and scheduling orders may be modified upon a showing of good cause and with the judge's consent.

21. Wyoming's rules of civil procedure "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding." W.R.C.P. 1.

X. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Honorable Court:

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

b. Modify the scheduling order as proposed in Section VIII above, if necessary;

c. Grant such other and further relief as the Court deems just and equitable.

SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[________________________________] (Law Firm Name)
[________________________________] (Street Address)
[________________________________], Wyoming [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
    [________________________________]
    Wyoming State Bar No. [________________________________]
    Attorney for [☐ Plaintiff / ☐ Defendant]
    [________________________________]

Dated: [__/__/____]

DECLARATION OF COUNSEL IN SUPPORT OF MOTION

I, [________________________________], declare under penalty of perjury pursuant to 28 U.S.C. Section 1746 and Wyoming law as follows:

1. I am a member of the Wyoming State Bar, Bar No. [________________________________], and am counsel of record for [________________________________] in this action.

2. The factual statements in the foregoing Motion for Extension of Time are true and correct to the best of my knowledge, information, and belief.

3. I have personally reviewed the scheduling order and applicable deadlines in this case.

4. The requested extension is sought in good faith and not for the purpose of delay, harassment, or unfair tactical advantage.

5. The conferral efforts described in Section VII are accurate and complete.

6. [Additional supporting facts: ________________________________]

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

Executed on [__/__/____] at [________________________________], Wyoming.

________________________________________
[________________________________]
Wyoming State Bar No. [________________________________]

PROPOSED ORDER

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT
IN AND FOR [________________________________] COUNTY, STATE OF WYOMING

Civil Action No. [________________________________]

[________________________________],
          Plaintiff,

     v.

[________________________________],
          Defendant.


         ORDER ON MOTION FOR EXTENSION OF TIME

     THIS MATTER having come before the Court on Movant's Motion
for Extension of Time, filed [__/__/____], and the Court having
considered the motion, any opposition, and the record herein;

     THE COURT FINDS:

     ☐ Good cause has been shown for the requested extension.
     ☐ Excusable neglect has been demonstrated.
     ☐ No prejudice will result to the opposing party.
     ☐ The trial schedule will not be disrupted.

     IT IS HEREBY ORDERED:

     1. The Motion for Extension of Time is ☐ GRANTED / ☐ DENIED.

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

     3. All other deadlines in the Scheduling Order dated [__/__/____]
        remain in effect unless otherwise modified herein.

     4. ☐ The following additional schedule modifications are ordered:
        [________________________________]

     5. ☐ Other: [________________________________]

     DATED this _______ day of __________________________, 20_____.


     ________________________________________
     Honorable [________________________________]
     District Court Judge
     [________________________________] Judicial District

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing MOTION FOR EXTENSION OF TIME, DECLARATION OF COUNSEL, and PROPOSED ORDER was filed with the Clerk of the District Court and served upon all counsel of record and parties as follows:

Method of Filing: ☐ Wyoming E-Filing System / ☐ Hand Delivery to Clerk

Service upon the following:

Service was made in accordance with W.R.C.P. 5(b).

________________________________________
[________________________________]
Wyoming State Bar No. [________________________________]

PRACTICE GUIDANCE FOR WYOMING EXTENSION MOTIONS

Timing and Filing

• File the motion before the deadline expires whenever possible. The "good cause" standard is significantly more favorable than "excusable neglect."
• Under W.R.C.P. 6(c)(1), serve written motions at least 14 days before the hearing unless the court allows shorter notice.
• For motions that can be decided without a hearing, the court may rule on the papers without scheduling oral argument.

Wyoming-Specific Considerations

• Geographic Distances: Wyoming is the least populous state, but parties and counsel may be spread across vast distances. Travel difficulties and geographic remoteness can be legitimate grounds for extension requests.
• Nine Judicial Districts: Each has potentially different local practices. The major districts include:
• First Judicial District (Laramie County — Cheyenne)
• Second Judicial District (Albany County — Laramie)
• Seventh Judicial District (Natrona County — Casper)
• Ninth Judicial District (Teton, Sublette, Fremont Counties)
• Weather: Severe winter weather is a recognized factor in Wyoming courts and may constitute good cause for extensions.

Good Cause Factors

Wyoming courts consider:

• The reason for the requested extension and its specificity
• Whether the movant has been diligent in meeting deadlines
• The length of the extension requested in relation to the case timeline
• Whether the opposing party will suffer any prejudice
• Whether prior extensions have been granted
• Impact on the court's calendar and case management

Common Pitfalls

• Failing to provide specific facts supporting the good cause claim
• Not conferring with opposing counsel before filing
• Requesting excessively long extensions without proportionate justification
• Filing after the deadline without addressing excusable neglect
• Not disclosing prior extension requests in the same case

Sources and References

• Wyoming Rules of Civil Procedure (August 2024)
• Wyoming Judicial Branch — Court Rules
• Wyoming Rules of Civil Procedure for Circuit Courts
• Jacobson v. Cobbs, 2007 WY 99, 160 P.3d 654 (Wyo. 2007)
• Wyo. Stat. Ann. § 5-3-102 (judicial districts)