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How to Ask for More Time in a Section 1983 Case

4 min read by Institute for Police Conduct, Inc.
deadlines motions procedure extension-of-time

A perfect filing that arrives late loses. A short, plain motion for more time, filed before the deadline, almost always wins.

This article explains how the rule works, what to put in the motion, and the handful of deadlines no motion can move.

After reading this article, you should be able to:

  • tell whether your request needs good cause or also excusable neglect
  • write a one-page motion the court can grant without a hearing
  • recognize the deadlines that Rule 6(b)(2) puts off limits

Read this with the deadline map and the sample motion.

The rule

Federal Rule of Civil Procedure 6(b)(1) has two parts.

Part A. Before the deadline runs. The court may extend the time for good cause. Good cause is a low bar. A first request on ordinary facts is routinely granted.

Part B. After the deadline runs. You must also show excusable neglect. Courts weigh four things: the danger of prejudice to the other side, the length of the delay and its effect on the case, the reason for the delay and whether it was within your control, and whether you acted in good faith. The reason for the delay carries the most weight, and “I was busy” or “I did not understand the rule” usually loses.

The difference between Part A and Part B is the whole game. File before the deadline, even if it is the same day.

Deadlines that cannot be extended

Rule 6(b)(2) forbids the court from extending the time to act under:

  • Rule 50(b) and (d) (renewed motion for judgment as a matter of law and new trial after a jury verdict)
  • Rule 52(b) (amended findings after a bench trial)
  • Rule 59(b), (d), and (e) (new trial and motion to alter or amend the judgment)
  • Rule 60(b) (relief from judgment)

The 28-day clock for a Rule 59(e) motion is fixed. So is the 30-day clock for a notice of appeal, which is set by statute. Appellate Rule 4(a)(5) allows a short extension only if you move within 30 days after the deadline and show excusable neglect or good cause.

If one of these deadlines is close, do not draft a motion for extension. Draft the filing.

What goes in the motion

Keep it to one or two pages. Courts grant these on the papers.

  1. Caption and title naming the deadline. “Plaintiff’s Unopposed Motion for Extension of Time to Respond to Defendants’ Motion to Dismiss.”
  2. The current deadline and its source. The rule, order, or docket entry that set it, and the date.
  3. The new date you want. Ask once for the time you actually need. A ten-day extension that guarantees a second motion wastes the court’s goodwill.
  4. The reason, in facts. What stands in the way and what the added time lets you do. “Plaintiff is proceeding without a lawyer, received the 32-page motion and 200-page appendix on June 3, and needs time to review the appendix and research the seven cases cited” is a reason. “Plaintiff needs more time” is not.
  5. The history. How many prior extensions of this deadline you have received. If none, say so.
  6. The other side’s position. State that you contacted defense counsel on a date, by what method, and whether they consent, oppose, or did not respond. Many districts require this conference and a certificate saying it happened. Check your local rules.
  7. No prejudice. The trial date and other deadlines are not affected, or how any effect is absorbed.
  8. A proposed order, if your district requires one.

Discipline rules

  • One motion per deadline. Do not bundle unrelated deadlines unless the scheduling order ties them together.
  • No drama. Courts grant routine first extensions on ordinary facts. Overstatement signals weakness here as everywhere. State the reason and stop.
  • Call opposing counsel first. Most defense lawyers agree to a first extension. An unopposed motion is granted faster, and the conference is often required anyway.
  • The old deadline stands until the court rules. If the deadline arrives and the court has not ruled, file what you have. A pending motion is not a granted motion.
  • Do not stack requests. A second extension of the same deadline needs a better reason than the first. A third is rarely granted.

When the deadline already passed

If you missed a deadline that Rule 6(b)(2) does not protect, file the motion for extension and the late document together. Explain the reason for the delay in plain facts. Address each excusable-neglect factor in one sentence. Do not argue that the rule is unfair or that you are a pro se litigant who should be excused. Courts hold pro se parties to deadlines. What helps is showing that the delay was short, the reason was outside your control, the other side is not harmed, and you moved as soon as you could.

Check Your Understanding

  1. Your response to the motion to dismiss is due Friday. It is Thursday and you are not finished. What do you file?

    Show answer A motion for extension of time today, under Rule 6(b)(1)(A), showing good cause. Call defense counsel first and note their position. If the court has not ruled by Friday, file the best response you have on Friday anyway.

  2. Judgment was entered 27 days ago. You want to file a Rule 59(e) motion but need two more weeks. Can you get them?

    Show answer No. Rule 6(b)(2) bars any extension of the Rule 59(e) deadline. File the motion tomorrow with what you have, or file a notice of appeal within 30 days of judgment.

  3. Defense counsel did not return your call about an extension. How do you describe that in the motion?

    Show answer State the facts: the date and method of your attempt and that counsel did not respond by the time of filing. Do not describe the motion as unopposed. Silence is not consent.

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