Motion for Extension of Time

When the motion for extension of time is used

Timing: ideally before the deadline expires. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• When an act may or must be done within a specified time, the court may, for good cause, extend the time 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 on motion made after the time has expired if the party failed to act because of excusable neglect (Rule 6(b)(1)).
• Rule 6(b)(2) lists deadlines the court must not extend.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 6(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for extension of time in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion for extension of time procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Excusable neglect: a standard courts use to decide whether to excuse a missed deadline or mistake, considering the circumstances.
• Continuance: postponement of a hearing, trial or deadline.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Modify the Scheduling Order: a request to change a deadline in the court's scheduling order.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.