TBD | How-To: Response to a Motion for an Extension of Time
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How-To: Drafting/Filing Your Response to a Motion for Extension of Time

Background: You are litigating your case
Problem: The defendant moved to for an extension of time [to complete some task]
Solution: You write & submit a response in opposition to the defendant's motion

I. Legal Citations

Rule 1 Fed. R. Civ. P. | Scope and Purpose
These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.
Rule 1.01 Fla. R. Civ. P. | Scope and Title of Rules
...These rules shall be construed to secure the just, speedy, and inexpensive determination of every action. These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P. Local Rule 1.01 USFLMD | Purpose, Scope and Definitions
“(a) PURPOSE. These rules advance efficiency, consistency, convenience, and other interests of justice.” Rule 28-106.101 FAC | Scope of this Chapter
This chapter shall apply in all proceedings in which the substantial interests of a party are determined by the agency and shall be construed to secure the just, speedy, and inexpensive determination of every proceeding. This chapter applies to all proceedings under Chapter 120... §120.569(o) | Decisions Which Affect Substantial Interests
(o) On the request of any party, the administrative law judge shall enter an initial scheduling order to facilitate the just, speedy, and inexpensive determination of the proceeding...

II. Samples

# PDF Comments
1TBD case. USFLMD. Pro Se Filing. 2020 | Responsive Pleading Deadline
2DOAH Case | 2010 | Attorney Filing | Reconsideration+
3DOAH Case | 2011 | Attorney Filing | Order of Dismissal
4DOAH Case | 2012 | Attorney Filing | COVID-19 Trouble | Discovery Deadline | Due Process
5DOAH Case | 2013 | Attorney Filing | Exhibits into Evidence
6DOAH Case | 2017 | Attorney Filing | Response to Summary Judgment
7DOAH Case | 2020 | Attorney Filing | COVID-19 Trouble | Discovery Deadline

III. Templates

# Word Comments
1Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe").

IV. Quick Commentary

  • Note: Courts have an obligation to manage their dockets efficiently
    "The Court “must take an active role in managing cases on [its] docket” and enjoys broad discretion “in deciding how best to manage the cases before [it].” "
    - see Chudasama v. Mazda, 123 F.3d 1353, 1366 (11th Cir. 1997)

  • Standard of Review: 3 Factors “Factors to be considered in determining whether the trial court abused its discretion in denying the motion for continuance include whether the denial of the continuance creates an injustice for the movant; whether the cause of the request for continuance was unforeseeable by the movant and not the result of dilatory practices; and whether the opposing party would suffer any prejudice or inconvenience as a result of a continuance.” - see Fleming v Fleming, 710 So. 2d 601 (Fla. 4th DCA 1998)

    1. Injustice to Movant (upon Denial)
      • ie, will the movant be at a disadvantage if an extension is not granted?
    2. Unforeseeable need for continuance; and
      • ie, could the request have been avoided?
    3. Prejudice to Non-Movant
      • will an extension irreparably harm to the party who opposes it?
  • Download as many sample documents as you'd like
    • Model your language after the language that lawyers use
  • Use the free-hand template (see Part III - above) to write your 'Response'
  • Save the final version as a PDF file.
  • File the final version in court

V. Additional Notes

  • Estimated Time ≈ 1-10 hours

VI. Bibliography

VII. Conclusion

With the use of the template (as well as the samples above), you can more easily draft your Response in Opposition to Defendant's Motion for an Extension of Time.

Congratulations! You're now booked up on how to Respond to a Motion for Extension of Time.

Please get the justice you deserve.


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