Sample Motion for Extension of Time

This is a sample motion for extension of time in a Section 1983 case. It asks for more time to respond to a motion to dismiss. The same shape works for any deadline that Rule 6(b) allows the court to move.

Read How to Ask for More Time first. It explains the difference between asking before and after the deadline, and the deadlines that cannot be extended at all.

Replace every bracketed item. Check your district’s local rules for the response deadline, the conference requirement, and whether a proposed order is required.

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Sample motion

UNITED STATES DISTRICT COURT
FOR THE [DISTRICT]
[DIVISION]

[YOUR NAME],                                   )
                                               )
       Plaintiff,                              )
                                               )
v.                                             )      Civil Action No. [__________]
                                               )
OFFICER JANE MARTINEZ, et al.,                 )
                                               )
       Defendants.                             )

PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME
TO RESPOND TO DEFENDANTS' MOTION TO DISMISS

Plaintiff [Your Name], proceeding without a lawyer, asks the Court to extend the
deadline to respond to Defendants' Motion to Dismiss (Dkt. [__]) from [current
date] to [requested date]. Plaintiff states:

1. Defendants filed their Motion to Dismiss on [date]. Dkt. [__]. Under Local
   Rule [__], Plaintiff's response is due [current date].

2. This is Plaintiff's first request to extend this deadline.

3. Defendants' motion is [__] pages and attaches a [__]-page appendix. It raises
   qualified immunity for [number] individual defendants and cites [number]
   cases. Plaintiff needs additional time to review the appendix, research the
   cited authority, and prepare a response that addresses each ground.

4. Plaintiff asks for [number] additional days, to [requested date]. Plaintiff
   believes this is the full amount of time needed and does not anticipate a
   second request.

5. On [date], Plaintiff contacted Defendants' counsel, [name], by [email or
   phone]. Counsel stated that Defendants do not oppose this request.

6. No scheduling order has been entered. The extension will not affect any
   other deadline or the trial setting.

For these reasons, Plaintiff asks the Court to extend the deadline to respond to
Defendants' Motion to Dismiss to [requested date]. A proposed order is attached.

Dated: [date]                          Respectfully submitted,

                                       ______________________________
                                       [Your Name]
                                       Plaintiff, pro se
                                       [Street address]
                                       [City, State ZIP]
                                       [Telephone]
                                       [Email]

CERTIFICATE OF CONFERENCE

On [date], I conferred with [name], counsel for Defendants, by [email or
telephone] about the relief requested in this motion. Counsel stated that
Defendants [do not oppose / oppose] the motion.

                                       ______________________________
                                       [Your Name]

CERTIFICATE OF SERVICE

On [date], I served this motion and the proposed order on all counsel of record
by [the Court's electronic filing system / email to counsel's address of record
/ first-class mail to the address below].

[Counsel name]
[Firm]
[Address]

                                       ______________________________
                                       [Your Name]

Sample proposed order

UNITED STATES DISTRICT COURT
FOR THE [DISTRICT]
[DIVISION]

[YOUR NAME],                                   )
                                               )
       Plaintiff,                              )
                                               )
v.                                             )      Civil Action No. [__________]
                                               )
OFFICER JANE MARTINEZ, et al.,                 )
                                               )
       Defendants.                             )

ORDER

Before the Court is Plaintiff's Unopposed Motion for Extension of Time to Respond
to Defendants' Motion to Dismiss. The motion is GRANTED. Plaintiff shall file a
response to Defendants' Motion to Dismiss (Dkt. [__]) on or before [requested
date].

SO ORDERED.

Dated: ________________               ______________________________
                                       UNITED STATES [DISTRICT / MAGISTRATE] JUDGE

How to adapt it

If the deadline has already passed. Change the title to “Motion for Extension of Time” and add a paragraph addressing excusable neglect: how long the delay was, why it happened and whether it was in your control, why the other side is not harmed, and that you acted in good faith. File the late document at the same time.

If counsel opposes. Change “Unopposed” to “Opposed” in the title, state counsel’s position in paragraph 5, and add one sentence on why the extension should be granted anyway. Do not argue with counsel’s reasons at length.

If counsel did not respond. State the date and method of your attempt and that no response was received by the time of filing. Do not call the motion unopposed.

For a different deadline. Replace the motion to dismiss with the deadline at issue, cite the order or rule that set it, and keep the rest.

What not to add

Argument about the merits of the underlying motion. Save it for the response.
Complaints about opposing counsel or the defendants.
A request for more time than you need.
Adjectives. “Plaintiff urgently needs a substantial extension” is weaker than “Plaintiff asks for 21 additional days.”