To get more time on a civil deadline in Florida, you file a written motion for extension of time in Florida under Rule of Civil Procedure 1.090(b). The single most important thing to know: file it before the deadline runs out. Filing early means you only have to show “good cause.” Filing late forces you to prove “excusable neglect,” which is a much harder standard, and the deadline keeps running until the judge actually grants relief.1The Florida Bar. Florida Rules of Civil Procedure 01-01-26
Good Cause Versus Excusable Neglect
Rule 1.090(b) draws a hard line at the deadline itself.
If your motion is filed before the original deadline expires, the court may extend the time “for cause shown.” The judge has broad discretion and can grant the request with or without notifying the other side first. Good cause is not a high bar. You need a legitimate reason, and judges tend to be reasonable when a party asks proactively and the request is not part of a pattern.1The Florida Bar. Florida Rules of Civil Procedure 01-01-26
If the deadline has already passed, everything changes. You must now show that your failure to act on time was the result of excusable neglect. The motion must be in writing, and the opposing party has to receive notice. Courts look at how long the delay lasted, whether the other side would be harmed, whether the delay was within your control, and whether you acted in good faith. Ordinary carelessness or poor calendaring usually does not qualify.1The Florida Bar. Florida Rules of Civil Procedure 01-01-26
One trap catches self-represented litigants and hurried attorneys alike: filing the motion does not stop the clock. The original deadline remains in effect until the court signs an order granting the extension. If the judge denies the motion after the deadline has already passed, you may be out of options.
Deadlines the Court Cannot Extend
Some deadlines are off-limits under Rule 1.090(b) no matter how strong your reason. The court cannot extend the time for:
- Motions for new trial, rehearing, or to alter or amend a judgment
- Motions for relief from judgment under Rule 1.540(b)
- Taking an appeal or filing a petition for certiorari
- Motions for directed verdict
If you have missed one of these windows, an extension motion will not rescue you.1The Florida Bar. Florida Rules of Civil Procedure 01-01-26 Deadlines set in case management orders are handled separately under Rules 1.200 and 1.201, and trial continuances fall under Rule 1.460 rather than the general extension framework.
What to Put in the Motion
Your motion should be in writing and state, with specificity, the facts that support your need for more time. Vague language like “additional time is needed to prepare” does not give the judge enough to act on. Explain what you need the time for, why the current deadline is insufficient, and how much additional time you are asking for.
If you are filing after the deadline, add a separate explanation of why the missed deadline qualifies as excusable neglect rather than inattention. Address the factors the court will weigh: the length of the delay, whether the other side is harmed, whether the cause was within your control, and your good faith.
Ask for a specific new date rather than an open-ended extension. Judges respond better to precision because it shows you have a plan, not just a problem. Many Florida courts also expect a proposed order submitted along with the motion so the judge can sign it promptly.
Before filing, contact opposing counsel and find out whether they object. If they do not, say so in the motion. Unopposed motions move faster and draw less scrutiny. If the other side objects, note that you conferred and describe the disagreement. This conference step is not always formally required at the trial court level, but skipping it signals a lack of cooperation.
Filing and Serving the Motion
Florida requires electronic filing for virtually all court documents through the Florida Courts E-Filing Portal. Paper filing is allowed only in limited circumstances, such as for self-represented litigants who qualify for an exemption. The portal handles delivery to the court once you upload the motion.
You also have to serve the motion on every other party. After the initial complaint, service of motions in Florida civil cases typically happens by email. Your motion should include a certificate of service stating the date, the method used, and who was served. That certificate is your proof that everyone had notice.1The Florida Bar. Florida Rules of Civil Procedure 01-01-26
There is no separate filing fee for an extension motion in Florida circuit courts. Florida law prohibits imposing a filing fee on a party for responding or filing motions in a pending civil action.2The Florida Legislature. Florida Statutes 28.241
Reasons That Tend to Work
The strength of your motion depends largely on the reason behind it.
Discovery delays are one of the most common and accepted grounds. Producing documents, scheduling depositions, and obtaining records from third parties is unpredictable. A corporate defendant may take weeks to produce financial records, and a key witness may be difficult to locate. In complex commercial or construction disputes, document volume alone can make original deadlines unrealistic.
Expert witness problems also rank high. Cases involving medical malpractice, engineering failures, or financial disputes depend on expert analysis, and finding, scheduling, and preparing an expert takes time. In Fisher v. Perez, a Florida appellate court reversed a trial court that refused a continuance when the defendant’s sole expert witness became unexpectedly unavailable due to medical complications on the eve of trial. Denying additional time under those circumstances was an abuse of discretion.3Caselaw – FindLaw. Fisher v. Perez
Personal emergencies also justify extensions. Serious illness affecting a party or attorney, a death in the family, or a sudden change in legal representation can all disrupt preparation. When an attorney withdraws or becomes incapacitated, replacement counsel needs time to get up to speed. Courts are generally sympathetic when the party acts promptly after the disruption.
Reasons that tend to fail: poor time management, vague claims of being too busy, and repeated requests without new justification. If the underlying reason is that the case was not a priority, expect resistance.
Appellate Cases Follow Different Rules
If your case is on appeal, extension motions are governed by Florida Rule of Appellate Procedure 9.300, not Rule 1.090(b). The most notable difference is a mandatory certificate: your motion must state that you consulted with opposing counsel and that they either have no objection or intend to file one promptly. Skipping this can get the motion rejected outright.4Rules for Florida Appellate Procedure. Rule 9.300 – Motions
The other side has 15 days from service to respond. Appellate extensions also cascade automatically: when the court extends one deadline, other deadlines tied to it shift by the same amount. Extra time to prepare the record, for example, automatically moves the deadline for the next brief.4Rules for Florida Appellate Procedure. Rule 9.300 – Motions
How Judges Decide
Trial judges have broad discretion, and their analysis reaches beyond the stated reason for the request.
Case history matters. A first-time request with a concrete explanation reads very differently from a third request that sounds like the last two. A pattern of delay erodes credibility fast.
Prejudice to the opposing side is a major factor. If more time would force the other party to incur significant costs, lose access to evidence, or suffer harm from continued uncertainty, the court is less likely to grant the motion. Time-sensitive matters involving injunctions, custody, or deteriorating property present the strongest prejudice arguments.
Judges also weigh whether you contributed to the problem. Waiting until the last day to start work that should have begun weeks earlier reads as a self-inflicted issue, not genuine need. Courts distinguish between unavoidable complications and choices.
Proportionality counts too. A two-week request lands differently than a three-month one, and asking for only what you actually need signals reasonableness.
If the Other Side Files for an Extension
You are not obligated to agree. Opposing the motion means showing the court that granting more time would cause real harm rather than abstract inconvenience. Effective opposition typically focuses on one or more of these points: the requesting party had adequate time and did not use it; prior extensions have already been granted and the pattern suggests delay tactics; your client would suffer concrete prejudice such as fading witness memory or mounting fees; or the stated justification is vague and unsupported.
Courts take delay concerns seriously. A motion filed to stall rather than to address a genuine need can expose the requesting party to sanctions ranging from formal warnings to monetary penalties. Whether to oppose is a strategic call: sometimes agreeing to a short extension builds goodwill with the judge, and sometimes opposing is the only way to keep a case from drifting indefinitely.