How to Write a Motion for an Extension of Time
| Background: | A procedural deadline has appeared (in your lawsuit) |
| Problem: | You cannot meet the deadline (or, perhaps, you missed it) |
| Solution: | You ask the Court to extend the deadline (with the help of this guide) |
I. Definitions
...
In procedure, an extension of time within which a pleading or process must be filed or completed under the rules governing the courts of the particular jurisdiction.
EXAMPLE: Motions submitted before a judge, which in essence ask the judge to do something, must be supported by a showing of good cause. On a motion to exclude or suppress evidence for trial, good cause must be shown by example of illegal police conduct in the seizing of the evidence. For the motion to be granted, the judge must be convinced the conduct occurred and is enough to justify exclusion.
EXAMPLE: State law provides that a person has 45 days to file an appeal from a conviction and that a judge must inform the person of that limit. At the end of Randolph's trial, the judge fails to inform him of the limit. When he is informed five months later, it is technically too late to file. A court may toll the 45-day limit until Randolph is informed of its existence, which in this case would be five months after the conviction. If an appeal is then not filed within 45 days, the opportunity will not be granted again.'
II. Legal Citations
(B) on motion made after the time has expired if the party failed to act because of excusable neglect.
III. Samples
| # | Comments | ₧ | |
|---|---|---|---|
| 001 |  | ✔ Granted! | 2 Month Extension | Cognitive Disabilities; Constitutional Rights abridged; etc. |  |
| # | Comments | ₧ | |
|---|---|---|---|
| 101 | | ± Pending | TBD case | 2024 | Pro Se Filing | Lack of Notice; Disadvantage; CMR | |
| ...more samples coming soon... hitting the like button will raise this on TBD's priority list | |||
| # | Comments | ₧ | |
|---|---|---|---|
| 201 | | '2007 | Attorney Filing | Mediation Session; Scheduling Conflicts | |
| ...more samples coming soon... hitting the like button will raise this on TBD's priority list | |||
| # | Comments | ₧ | |
|---|---|---|---|
| 301 | | 2023 | Attorney Filing | Initial Order | Lack of Notice (email); Settlement Talks | |
| ...more samples coming soon... hitting the like button will raise this on TBD's priority list | |||
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | TBD's Template | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe"). |  |
| ...more template versions are available... so, hit the like button to encourage TBD to add additional versions! | |||
V. Application
- Broad Discretion: According to the 11th Circuit Court of Appeals, trial courts have "broad discretion" for evaluating these types of motions (ie, Motions for Extensions of Time):
"We recognize that district courts enjoy broad discretion in deciding how best to manage the cases before them. See, e.g., United States v. McCutcheon, 86 F.3d 187 (11th Cir. 1996). This discretion is not unfettered, however. When a litigant’s rights are materially prejudiced by the district court’s mismanagement of a case, we must redress the abuse of discretion."
- Standard of Review: According to USFLMD, there is a 2-prong test for evaluating these types of motions (ie, Motions for Extensions of Time):
"In exercising this discretion, a court may extend the time concerning when an act must be done within a specific time if the request is made before the original time, or its extension expires... Here, Defendant’s Motion was timely filed, and the court finds good cause to extend the deadlines as requested."
- Excusable Neglect: If the deadline has already passed, then you will likely have to show that excusable neglect was/is at play:
"In Pioneer, the Supreme Court held that when analyzing a claim of excusable neglect, courts should "tak[e] account of all relevant circumstances surrounding the party's omission," including "the danger of prejudice to the [nonmovant], the length of the delay and its potential impact on judicial proceedings, the reason for the delay, including whether it was within the reasonable control of the movant, and whether the movant acted in good faith."
VI. Quick Commentary
- Act swiftly (ie, file this document as soon as you can)
- The bar [for approval] is lower for early requests (ie, requests that are made before the deadline has passed).
- In other words, it'll be easier to get this motion granted if you file before your deadline has passed
- Download as many sample documents as you'd like
- learn about TBD's point system
- Also, feel free to use the templates (see Part IV - above) to help draft your 'Motion for an Extension of Time'
- Save the final version as a PDF file.
- File it in court (or at DOAH)
VII. Additional Resources
VIII. Bibliography
IX. Conclusion
With the use of the templates (as well as the samples above), you can more easily ask your court to extend your deadline.
...POINTS & THINGS...
You can use this to prevent the harms that a faulty deadline inflicts.
As always - please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
