How to Request an Extension of Time in Litigation
How to properly request a deadline extension in litigation — stipulations, motions for enlargement of time, and how courts evaluate them.
Deadlines in litigation are rarely absolute in practice, but they are also not automatically flexible — missing one without seeking relief first can result in a default, a waived argument, or an excluded filing. Requesting an extension of time the right way, before the deadline passes and with a clear reason, is one of the most routine but consequential pieces of litigation practice.
Most extension requests are resolved by simple agreement between counsel, but when opposing counsel won't stipulate, or the deadline is court-imposed rather than a private agreement, a formal motion is required — and courts apply different standards depending on whether the request comes before or after the deadline has already passed. This guide covers both paths.
Try a stipulation first
Most short extensions — for a response brief, discovery responses, or an answer — are handled through a simple written stipulation between counsel, often just requiring the court's approval or a notice filing depending on the jurisdiction's rules. Ask early, before the deadline is close, and be specific about the new date requested.
Know which deadlines can't be extended by agreement alone
Case-management deadlines set by the court, statutory limitations periods, and some scheduling-order dates typically cannot be moved by private stipulation and require a formal motion, sometimes with a showing of good cause. Confirm which category a given deadline falls into before assuming a simple email agreement will suffice.
- Deadlines set by rule or statute (e.g., time to answer, time to appeal) often require court approval even if the other side agrees.
- Deadlines in a scheduling or case-management order typically require a motion showing good cause, not just party agreement.
- Deadlines you set yourselves by prior stipulation can usually be re-extended by a further stipulation, subject to the same limits above.
File a motion for enlargement of time when needed
When a stipulation isn't available or sufficient, file a motion for extension (sometimes called a motion for enlargement of time) before the deadline passes. State the specific reason for the request, the amount of additional time needed, whether the other side consents or opposes, and confirm the request will not prejudice any other scheduled dates.
- File it before the deadline whenever possible — courts apply a more forgiving standard to a timely request than to one made after the fact.
- Give a real, specific reason (a conflicting trial, a medical issue, late-arriving discovery) rather than a generic 'good cause' recitation.
- Propose a specific new date rather than an open-ended extension.
Understand the higher bar for a late request
If the deadline has already passed, most rules require a showing of 'excusable neglect' rather than the more lenient 'good cause' standard applied to timely requests. Courts weigh the reason for the delay, whether it was within the movant's control, prejudice to the opposing party, and the length of the delay. File as soon as the miss is discovered — waiting compounds the problem.
Coordinate downstream deadlines
An extension on one deadline can cascade into others — a later answer may shift the discovery schedule, a later expert disclosure may affect the dispositive-motion deadline. Address any necessary downstream adjustments in the same request rather than creating a second scramble later.
- Can opposing counsel and I just agree to extend a deadline ourselves?
- For many routine deadlines, yes, through a written stipulation, sometimes requiring simple court notice or approval. Deadlines set by statute, rule, or a scheduling order often require a formal motion even with the other side's agreement.
- What's the difference between 'good cause' and 'excusable neglect'?
- Good cause is the more lenient standard courts apply to a timely request made before a deadline passes. Excusable neglect is the tougher standard applied when the deadline has already been missed, requiring the court to weigh the reason for delay, control over the circumstances, and prejudice to the other side.
- What should I do if I already missed a deadline?
- File a motion as soon as possible explaining the circumstances and requesting relief under the excusable-neglect (or equivalent) standard. Delay in seeking relief after discovering the miss generally weakens the request.
This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.
Stop estimating one number at a time.
Juricratic models the whole matter as a solvable game and runs it thousands of times — so the settlement value, the risk, and the optimal line all move together when the facts do.
Request access →