This guide provides sample motions for extensions of time, catering to various legal contexts. Remember to tailor these samples to your specific case and jurisdiction. Always consult with legal counsel to ensure compliance with all applicable rules and regulations.
Understanding Motions for Extension of Time
A motion for an extension of time is a formal request to a court or other tribunal to grant additional time to complete a specific task or meet a deadline. This could involve filing documents, responding to pleadings, conducting discovery, or any other time-sensitive requirement within the legal process. The success of your motion hinges on demonstrating good cause and avoiding any suggestion of dilatory tactics.
Sample Motions: Varying Circumstances
The following examples demonstrate different scenarios requiring extensions and highlight crucial elements to include in your motion.
Sample 1: Extension to File a Response to a Complaint
IN THE [Court Name] [Case Name and 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 the Plaintiff's Complaint.
Grounds:
Defendant respectfully requests an extension of time until [New Deadline] to file an Answer to the Plaintiff's Complaint. This extension is necessary due to [Clearly state the reason, e.g., unforeseen illness of counsel, need for additional time to gather crucial evidence, complexity of the case requiring thorough review of voluminous documents]. Defendant assures the Court that this extension will not prejudice the Plaintiff's rights and that the Defendant intends to diligently pursue this matter to a timely resolution.
Supporting Documentation:
[List any supporting documents, such as medical certificates, affidavits, etc.]
Conclusion:
For the foregoing reasons, Defendant respectfully requests that this Honorable Court grant an extension of time to file an Answer to the Plaintiff's Complaint until [New Deadline].
Respectfully submitted,
[Attorney Name and Contact Information]
Sample 2: Extension for Discovery
IN THE [Court Name] [Case Name and Number]
MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY
Comes now the [Plaintiff/Defendant], [Party's Name], by and through undersigned counsel, and hereby moves this Honorable Court for an extension of time to complete discovery.
Grounds:
[Party's Name] respectfully requests an extension of time until [New Deadline] to complete discovery. The need for this extension arises from [Clearly articulate the reason. E.g., late production of crucial documents by opposing counsel, the complexity and volume of documents requiring thorough review, the need for additional depositions]. [Party's Name] has actively pursued discovery and has diligently attempted to meet the original deadlines. The requested extension will not unduly prejudice the opposing party.
Proposed Discovery Schedule:
[Outline a new proposed schedule for completing discovery]
Conclusion:
For the foregoing reasons, [Party's Name] respectfully requests that this Honorable Court grant an extension of time to complete discovery until [New Deadline].
Respectfully submitted,
[Attorney Name and Contact Information]
Sample 3: Extension of Time to File a Brief
IN THE [Court Name] [Case Name and Number]
MOTION FOR EXTENSION OF TIME TO FILE BRIEF
Comes now the [Appellant/Appellee], [Party's Name], by and through undersigned counsel, and hereby moves this Honorable Court for an extension of time to file its brief.
Grounds:
[Party's Name] respectfully requests an extension of time until [New Deadline] to file its brief. This extension is necessary due to [Clearly state reason: e.g., unexpected conflict in counsel's schedule, substantial research required to fully address complex issues presented, the need to await crucial information from a third party]. [Party's Name] certifies that this request is not made for purposes of delay.
Conclusion:
For the foregoing reasons, [Party's Name] respectfully requests that this Honorable Court grant an extension of time to file its brief until [New Deadline].
Respectfully submitted,
[Attorney Name and Contact Information]
Key Elements to Include in ANY Motion for Extension of Time:
- Case Caption: Clearly identify the court, case name, and case number.
- Specific Request: State precisely the extension requested (number of days or new deadline).
- Clear and Concise Explanation: Provide a detailed and persuasive explanation for the need for an extension, avoiding vague or general statements.
- Absence of Prejudice: Demonstrate that the extension will not unduly prejudice the opposing party.
- Proposed Schedule (if applicable): If requesting an extension related to discovery or other procedural steps, propose a revised schedule.
- Supporting Documentation: Include any relevant supporting documentation, such as medical certificates or affidavits.
- Certification of Counsel: The motion should be signed and certified by counsel, confirming the accuracy of the information provided.
This information is for educational purposes only and is not legal advice. You should always seek the advice of a qualified legal professional for any legal matter.
