Motion for Extension of Time

What It Is

A motion for extension of time asks the court to move a deadline. Federal Rule of Civil Procedure 6(b) controls.

Before the deadline runs, the court may extend for good cause. Fed. R. Civ. P. 6(b)(1)(A). Courts grant routine first requests on ordinary facts.

After the deadline runs, you must also show excusable neglect. Fed. R. Civ. P. 6(b)(1)(B). That is a much higher bar. The court weighs the reason for the delay, whether it was within your control, prejudice to the other side, and the effect on the case.

The difference between those two paragraphs 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 extending the time to act under Rules 50(b), 50(d), 52(b), 59(b), 59(d), 59(e), and 60(b). The 28-day clock for a Rule 59(e) motion is fixed. The 30-day clock for a notice of appeal is set by statute and by Appellate Rule 4, with its own narrow extension rules. Do not assume a deadline can move. Check the rule first.

What to Put in the Motion

1. The current deadline, its source (rule, order, or docket entry), and the new date requested
2. The reason, stated as plain facts
3. How many prior extensions of this deadline you have received
4. Whether the other side consents, opposes, or did not respond
5. That the trial date or schedule is not affected, or how any effect is absorbed
6. A proposed order, if your district requires one

Common Mistakes

• Asking for a short extension that guarantees a second motion. Ask once for the time you need.
• Bundling unrelated deadlines in one motion.
• Skipping the conference with opposing counsel when local rules require one.
• Treating a pending extension motion as a granted one. Until the court rules, the old deadline stands.

See How to Ask for More Time in a Section 1983 Case and the sample motion.