How-To: Respond to a Motion for an Extension of Time
Background: | You are litigating your case, and a deadline is approaching |
Problem: | The defendant asked the court for an extension of time [to complete some task] |
Solution: | You write & submit a response [in opposition] to your opponent's motion |
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.
II. Legal Citations
III. Samples
# | Comments | ₧ | |
---|---|---|---|
1 | ![]() | TBD case. USFLMD. Pro Se Filing. 2020 | Responsive Pleading Deadline | ![]() |
2 | ![]() | DOAH Case | 2010 | Attorney Filing | Reconsideration+ | ![]() |
3 | ![]() | DOAH Case | 2011 | Attorney Filing | Order of Dismissal | ![]() |
4 | ![]() | DOAH Case | 2012 | Attorney Filing | COVID-19 Trouble | Discovery Deadline | Due Process | ![]() |
5 | ![]() | DOAH Case | 2013 | Attorney Filing | Exhibits into Evidence | ![]() |
6 | ![]() | DOAH Case | 2017 | Attorney Filing | Response to Summary Judgment | ![]() |
7 | ![]() | DOAH Case | 2020 | Attorney Filing | COVID-19 Trouble | Discovery Deadline | ![]() |
IV. Templates
# | Link | Comments | ₧ |
---|---|---|---|
1 | ![]() | Replace all of the placeholder tags with real information (eg "[plfName]" becomes "John Doe"). | ![]() |
V. Application
- 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.”
- Injustice to Movant (upon Denial)
- ie, will the movant be at a disadvantage if an extension is not granted?
- Unforeseeable need for continuance; and
- ie, could the request have been avoided?
- Prejudice to Non-Movant
- will an extension irreparably harm the party who opposes it?
- Injustice to Movant (upon Denial)
VI. 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].” "
- 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
VII. Additional Notes
- Estimated Time ≈ 1-10 hours
VIII. Bibliography
IX. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com