How do I file a motion for extension of time?

This page is general information about how courts handle requests for more time. It is not legal advice about your case.

Asking for more time in short

• A motion for extension of time asks the judge to move a deadline. This page is about asking before the deadline passes.
• In federal civil cases, the rule is Federal Rule of Civil Procedure 6(b). In federal criminal cases, it is Federal Rule of Criminal Procedure 45(b).
• The standard is “good cause.” The rule does not define it. The judge decides, and the judge can say no.
• Some courts’ local rules require you to ask the other side first and say whether they agree. Check yours.
• In federal court, Rule 6(b) does not pause the deadline while the motion waits, so plan to file on time unless the judge rules first. Some state courts work differently.
• Some deadlines cannot be extended by the court, no matter the reason.

What is a motion for extension of time?

A deadline in a court case can come from a rule, a statute (a law passed by Congress or a legislature), or an order the judge signed. A motion for extension of time asks to move one of those deadlines to a later date. Some courts call it a motion to extend time or a motion for enlargement of time.

It is a motion like any other. It needs a caption (the heading with the court’s name, the parties’ names and the case number), a clear request, the reason for it, your signature, and a certificate showing you sent a copy to the other parties. For the general parts of a motion, see How do I file a motion in court? This page covers what is special about asking for more time.

This guide is about asking before the deadline runs out. If the deadline has already passed, the rules are different and harder to meet. See What happens if I missed a court deadline?

What does the federal rule on extensions of time say?

In federal civil cases, Rule 6(b)(1) of the Federal Rules of Civil Procedure gives the court the power to extend time. Part (A) covers requests made before a deadline: “When an act may or must be done within a specified time, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires”.

Three things stand out in those words.

• “The court may.” The judge has a choice.
• “For good cause.” You need a reason. The rule does not list what counts.
• “Before the original time or its extension expires.” The request has to come in before the deadline ends. After that, the court still needs good cause, and you must also show “excusable neglect.”

In federal criminal cases, the matching rule is Federal Rule of Criminal Procedure 45(b)(1). It says: “When an act must or may be done within a specified period, the court on its own may extend the time, or for good cause may do so on a party’s motion made: (A) before the originally prescribed or previously extended time expires”.

What counts as “good cause” for an extension?

“Good cause” is not defined in Rule 6(b). The judge decides, case by case, whether the reason given is enough, so the motion states the facts behind the reason, not just a general statement that you are busy.

Reasons people often give include:

• A medical problem or a family emergency, with dates.
• Waiting on records, transcripts or documents you asked for, with the date you asked.
• Limited access to a law library or legal mail, for someone who is in custody.

A judge may weigh how much time you are asking for, whether you have asked before, how close the deadline is, and whether the delay would hurt the other side or slow the case. Whether your reason is enough is up to the judge.

Do I have to ask the other side before asking for more time?

Some courts require you to contact the other side before filing certain motions and to say in the motion whether they agree or object. This is often called “conferring” or a “meet and confer” requirement. Whether it applies to a request for more time, and how you must show you did it, depends on the court. Check your court’s local rules and the judge’s standing orders (written instructions a judge posts for cases in that courtroom).

Some state rules say it outright. Florida’s appellate rule, for example, says: “A motion for an extension of time shall, and other motions if appropriate may, contain a certificate that the movant’s counsel has consulted opposing counsel”. If the other side says no, you can still file and say that they object.

What should I put in a motion for extension of time?

Extension motions are often short. Many include:

1. The deadline. The exact deadline and where it comes from: the rule, or the date and title of the court’s order.
2. The new date. Many motions ask for a specific date, not just “more time.” Judges can sign an order with a date in it.
3. The reason. The facts that show good cause, stated truthfully.
4. Prior requests. Whether you asked for more time on this deadline before, and what the court did.
5. The other side’s position. Whether you asked them, and whether they agree, object or did not answer.
6. The effect on the case. Whether moving this date would affect other dates, such as a hearing.
7. A proposed order. Some courts want a short order the judge can sign. Check your court’s local rules.
8. A certificate of service. A signed statement saying how and when you sent a copy to the other parties.

Why does filing a motion for extension early matter?

First, the rule’s standard depends on timing. Under Rule 6(b)(1)(A), a request made before the deadline needs good cause. Once the deadline passes, Rule 6(b)(1)(B) applies. The court still needs good cause, and the request must be made by motion showing that you “failed to act because of excusable neglect.” That is a harder test.

Second, the judge needs time to rule. Rule 6(b) does not say that filing a request pauses the deadline. Some state rules do. Florida’s appellate rule, for example, says that, except for the motions listed in its subdivision (d), “service of a motion shall toll the time schedule of any proceeding in the court until disposition of the motion.” Check the rules of your court. In federal court, if the judge has not ruled by the due date, plan to file what you can on time rather than count on the extension.

Can every court deadline be extended?

No. Some deadlines are outside the court’s power to change.

Federal Rule of Civil Procedure 6(b)(2) says: “A court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).” These are rules for certain requests made after a trial or a judgment: a motion for judgment under Rule 50(b), amending or adding factual findings (Rule 52(b)), a new trial or changing the judgment (Rule 59), and relief from a judgment (Rule 60).

In federal criminal cases, Rule 45(b)(2) says: “The court may not extend the time to take any action under Rule 35, except as stated in that rule.”

Some deadlines are set by a statute, not just a rule. A court can move those only as far as the statute allows. The time to file a notice of appeal in a federal civil case is one example. The statute, 28 U.S.C. § 2107(c), says the district court may, “upon motion filed not later than 30 days after the expiration of the time otherwise set for bringing appeal, extend the time for appeal upon a showing of excusable neglect or good cause.” It also allows a short reopening in some cases. In Bowles v. Russell (2007), the Supreme Court held that a court could not give more time than the statute allows. See What happens if I missed a court deadline? for the appeal paths.

What mistakes hurt a request for more time?

• Waiting until the deadline day. The judge may not rule in time.
• Assuming the motion pauses the deadline. In federal court, nothing in Rule 6(b) says it does.
• No specific date. “Please give me more time” is hard for a judge to sign. Many motions ask for a specific date.
• A vague reason. “I have been busy” gives the judge nothing to weigh. Facts and dates do.
• Skipping the step of asking the other side when the court’s local rules require it.
• Asking to extend a deadline the court cannot extend, such as those listed in Rule 6(b)(2).

More questions about a motion for extension of time

Rules, statutes and cases cited on this page

Fed. R. Civ. P. 6(b) · Fed. R. Crim. P. 45(b) · Fed. R. App. P. 4(a)(5)(C) · 28 U.S.C. § 2107(c) · Fla. R. App. P. 9.300(a), (b) · Bowles v. Russell, 551 U.S. 205 (2007)

Guides related to court deadlines and extensions

What happens if I missed a court deadline? · How do I file a motion in court? · How do I write an appellate brief? · Can’t afford a lawyer? Free legal help