A motion for extension of time in federal court is a written request asking the judge to move a deadline, filed under Rule 6(b) of the Federal Rules of Civil Procedure. If you file it before the deadline passes, you need to show “good cause.” If you file it after, you have to show “excusable neglect,” which is a much harder standard. Everything else about the motion, including the sample language below, flows from that timing distinction.
Good Cause vs. Excusable Neglect
Rule 6(b) draws a hard line between requests made before the deadline expires and requests made after.1Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers
Good cause is forgiving. A scheduling conflict, an illness, a heavy volume of discovery materials, or the complexity of the legal issues will usually satisfy it. Courts grant most pre-deadline extension requests, especially first-time requests with no objection from the other side.
Excusable neglect is a different question. It asks why you failed to act at all, and whether the court should bail you out after the fact. Judges apply the four-factor test from Pioneer Investment Services Co. v. Brunswick Associates: prejudice to the opposing party, length of the delay, the reason for the delay, and whether you acted in good faith once you realized the deadline had passed.2Legal Information Institute. Pioneer Investment Services Co. v. Brunswick Associates, 507 U.S. 380 (1993) The reason for the delay is usually decisive. A medical emergency carries real weight. Miscalculating a deadline or being busy rarely qualifies.
The practical takeaway: if you can file before the deadline, file before the deadline. The drafting is easier, and the odds are far better.
What the Motion Must Contain
A motion for extension of time is a formal court filing, not an email. Under Rule 7(b) it must be in writing, state the grounds with specificity, and identify the relief you are seeking.3Legal Information Institute. Federal Rules of Civil Procedure Rule 7 – Pleadings Allowed; Form of Motions and Other Papers Four components do most of the work.
Caption and Title
The caption contains the court’s name, the case title, and the civil action number. For motions filed after the complaint, you do not need to list every party by name; you can name the first party on each side and refer generally to the others.4Legal Information Institute. Federal Rules of Civil Procedure Rule 10 – Form of Pleadings The title should say exactly what you want, such as “Defendant’s Motion for Extension of Time to Respond to Plaintiff’s First Set of Interrogatories.”
Statement of Grounds
Identify the current deadline, explain why you cannot meet it, and propose a specific new date. Vague reasons like “counsel needs more time” get motions denied. State concrete facts: the volume of documents, a specific scheduling conflict, a medical issue, or the complexity of the legal research involved. If you are filing after the deadline, address each Pioneer factor and explain why your failure to act on time was excusable.
When the facts supporting your request are not already in the record, attach a supporting declaration or affidavit. Rule 6(c)(2) requires that any affidavit supporting a motion be served together with the motion itself.1Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers This matters most for excusable-neglect motions, where facts like a hospitalization have no other way to reach the judge.
Certification of Conferral
Most federal district courts require you to contact opposing counsel before filing and to state whether the other side consents or objects. This requirement usually comes from local rules rather than the Federal Rules themselves, so check your district’s rules for the exact language. Consent does not guarantee the motion will be granted, but it removes the largest obstacle. Judges rarely deny a first-time, unopposed extension request.
Proposed Order
Many districts also require a proposed order as a separate document: a short standalone page with a blank signature line for the judge, stating that the motion is granted and identifying the new deadline. Some courts have specific templates, so check the local rules and the assigned judge’s individual practices.
Sample Motion Language
The template below shows how these components fit together for a routine request to extend the time to answer a complaint. Adapt the numbered paragraphs to your situation. For a discovery extension, replace the references to the complaint and answer with the specific discovery request and its deadline. The structure stays the same.
IN THE UNITED STATES DISTRICT COURT
FOR THE [DISTRICT NAME]
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME], et al.,
Defendants.
Civil Action No. [XX-XXXX]
DEFENDANT’S MOTION FOR EXTENSION OF TIME TO ANSWER COMPLAINT
Defendant [Name], by and through undersigned counsel, respectfully moves this Court for an extension of time to file an Answer to Plaintiff’s Complaint and states as follows:
1. Plaintiff filed the Complaint in this action on [date]. Under Rule 12(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Defendant’s Answer is currently due on [date].
2. Defendant’s counsel was retained on [date], leaving insufficient time to investigate the factual allegations, gather relevant documents, and prepare a responsive pleading.
3. Defendant respectfully requests an extension of [number] days, to and including [new date], to file the Answer.
4. This is Defendant’s first request for an extension of time in this matter. No previous extensions have been granted.
5. Undersigned counsel has conferred with counsel for Plaintiff, who [consents to / does not oppose / objects to] this request.
6. Granting this extension will not prejudice any party or affect any other deadlines in this case.
WHEREFORE, Defendant respectfully requests that this Court grant this Motion and extend the deadline to file an Answer to [new date].
Filing and Service
Attorneys must file the motion electronically through the court’s CM/ECF system unless the court allows otherwise, and must serve a copy on every other party. When you file through CM/ECF, the system automatically sends a notice of electronic filing to all registered parties, and no separate certificate of service is required.5Legal Information Institute. Federal Rules of Civil Procedure Rule 5 – Serving and Filing Pleadings and Other Papers If any party is not a registered CM/ECF user, serve them separately by mail or another permitted method and file a certificate of service.
Filing the motion does not stop the clock. The original deadline remains in effect until the judge signs the proposed order and it appears on the docket. If the original deadline arrives before the judge rules, you are still technically out of time. For deadlines that are close, file the motion well in advance, or contact the judge’s chambers to ask whether the motion can be ruled on expeditiously.
Rule 6(c)(1) requires that a written motion and any notice of hearing be served at least 14 days before the hearing date.1Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers In practice, most routine extension motions are decided on the papers without a hearing, especially when the opposing party consents.
Deadlines Rule 6(b) Cannot Extend
Not every federal deadline can be moved. Rule 6(b) explicitly bars courts from granting extensions for several post-judgment deadlines, no matter how compelling your reason:1Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time; Time for Motion Papers
- Renewed judgment as a matter of law under Rule 50(b)
- Amending findings of fact under Rule 52(b)
- New trial motions under Rule 59(b), (d), and (e)
- Relief from a final judgment under Rule 60(b)
Once the time to file one of these motions expires, no showing of good cause or excusable neglect will revive it. The notice of appeal deadline is similarly jurisdictional and is governed by the Federal Rules of Appellate Procedure rather than Rule 6(b). If you are dealing with a post-judgment deadline, treat it as immovable unless the specific rule setting it says otherwise.
Why Extension Motions Get Denied
Extension requests are routine, but they still get denied for avoidable reasons. A few patterns account for most of them.
- Filing too late. A motion filed the day before the deadline, or after it has passed, signals poor planning. File as soon as you know you need more time.
- Vague grounds. “Counsel’s busy schedule” is not good cause. Name the conflicting hearing, describe the volume of documents, explain the particular complexity.
- Unreasonable length. Requesting 90 additional days when 14 would suffice suggests you are not taking the deadline seriously. Ask for what you actually need.
- Repeated requests. A first extension is almost always granted. A second raises eyebrows. A third often gets denied, especially if the deadline was set in a scheduling order. Each successive request needs a stronger justification.
- No conferral. If your district’s local rules require you to confer with opposing counsel and you skip that step, some judges will deny the motion on that basis without reaching the merits.
- Ignoring a non-extendable deadline. Filing a Rule 6(b) motion for a deadline governed by Rules 50(b), 52(b), 59, or 60(b) wastes everyone’s time.
If the motion is denied, the original deadline binds you. A failure to comply can lead the opposing party to move for dismissal under Rule 41(b) or seek a default judgment.6Legal Information Institute. Federal Rules of Civil Procedure Rule 41 – Dismissal of Actions That is why a filing that looks like a minor procedural step deserves careful attention.