sample motion for extension of time

3 min read 12-01-2025

Sample Motion for Extension of Time: A Guide for Legal Professionals and Litigants

This guide provides sample motions for extension of time in various legal contexts, along with explanations to help you adapt them to your specific needs. Remember, always consult with legal counsel to ensure your motion complies with all applicable rules and court procedures. The examples provided are for informational purposes only and should not be considered legal advice.

Understanding Motions for Extension of Time

A motion for an extension of time is a formal request to the court to grant additional time to complete a specific task or deadline. These deadlines can include filing a pleading, responding to discovery requests, or completing other procedural requirements. The success of your motion hinges on demonstrating good cause for the requested extension. This typically involves explaining the unforeseen circumstances that prevented timely completion.

Essential Elements of a Motion for Extension of Time

Regardless of the specific context, a successful motion for an extension of time generally includes the following elements:

Case Caption: Clearly identify the court, case name, and case number.
Introduction: Briefly state the purpose of the motion—to seek an extension of time for a specific deadline.
Background: Provide context relevant to the deadline and the reason for the request.
Explanation of Delay: Clearly and concisely explain the reasons for the delay, emphasizing unforeseen circumstances and demonstrating due diligence.
Requested Extension: Specify the precise amount of additional time requested.
No Prejudice: Assure the court that granting the extension will not prejudice the opposing party.
Conclusion: Formally request the court to grant the extension.
Certificate of Service: Confirm that a copy of the motion has been served on all opposing parties.

Sample Motions for Extension of Time:

Scenario 1: Extension to File a Response to a Complaint

IN THE [COURT NAME] [CASE NAME], Case No. [CASE NUMBER]

MOTION FOR EXTENSION OF TIME TO FILE ANSWER

Comes now the Defendant, [Defendant's Name], by and through undersigned counsel, and hereby moves this Honorable Court for an extension of time to file an Answer to Plaintiff's Complaint.

Background: Plaintiff filed its Complaint on [Date]. The deadline to file an Answer is [Date].

Explanation of Delay: Due to [Clearly explain reason for delay, e.g., unforeseen illness of counsel, unavailability of key witness, significant volume of discovery]. Counsel has diligently attempted to overcome this obstacle and is now prepared to file a timely Answer with the benefit of the requested extension.

Requested Extension: Defendant respectfully requests an extension of [Number] days, until [New Deadline], to file its Answer.

No Prejudice: Granting this extension will not prejudice the Plaintiff. Plaintiff will have ample time to prepare for further proceedings.

Conclusion: For the foregoing reasons, Defendant respectfully requests that this Honorable Court grant its Motion for an Extension of Time to file an Answer to Plaintiff's Complaint.

Respectfully submitted,

[Attorney Name] [Attorney Contact Information]

Scenario 2: Extension to Respond to Discovery

This motion would follow a similar format, substituting "Respond to Discovery Requests" for "File an Answer" and detailing the specific discovery requests and reasons for the delay in responding. The explanation of delay might involve needing additional time to gather documents or interview witnesses.

Scenario 3: Extension of Time for Trial Preparation

This motion would require a more detailed explanation of the reasons for the delay, focusing on specific aspects of trial preparation that require additional time, such as expert witness reports or complex document review.

Important Considerations:

Local Rules: Always check the local rules of the court for specific requirements regarding motions for extensions of time.
Supporting Documentation: If possible, include supporting documentation to substantiate your claims, such as medical records or affidavits.
Professionalism: Maintain a professional and respectful tone throughout the motion.

By following these guidelines and adapting the sample motions to your specific circumstances, you can increase the likelihood of having your request for an extension of time granted. Remember to consult with an attorney for personalized legal advice.

sample motion for extension of time