A motion for extension of time in federal court is governed by Rule 6(b) of the Federal Rules of Civil Procedure. File it before the deadline expires and show good cause. If you ask after the deadline has passed, you must also show that you missed it because of excusable neglect. A short list of deadlines, including the 28-day post-judgment motions, cannot be extended by any court for any reason.
This guide covers civil cases in federal district court; criminal, bankruptcy, and appellate deadlines have their own rules.
What FRCP 6(b) says
Rule 6(b) is two sentences long, and most mistakes about extensions come from misreading the first:
"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; or (B) on motion made after the time has expired if the party failed to act because of excusable neglect."
The power belongs to the court. The rule says the court "may" extend. No party has a right to more time.
Good cause governs both prongs. The phrase "for good cause" sits in the lead-in, before (A) and (B). A request made before the deadline needs good cause. A motion made after it needs good cause and excusable neglect, which is added on top of good cause, not in place of it.
Before the deadline: good cause
Rule 6(b)(1)(A) is the easy path. A request made before the deadline can be granted "with or without motion or notice," and that flexibility is the main reason to ask early.
Rule 6 does not define good cause. A request is stronger when it names something concrete:
- a witness, expert, or client is unavailable on specific dates
- records ordered from a third party have not arrived
- a related motion or appeal is pending that affects the filing
- the material is too voluminous to review responsibly in the time left
- counsel has just been retained or substituted
A request is weaker when it says "counsel has been busy" or gives no reason at all.
After the deadline: good cause plus excusable neglect
Once the deadline has passed, Rule 6(b)(1)(B) applies. The movant must show the party "failed to act because of excusable neglect."
The leading authority is Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993). Pioneer interpreted Bankruptcy Rule 9006(b)(1), which it noted "was patterned after Rule 6(b)," and it said that "'excusable neglect' under Rule 6(b) is a somewhat 'elastic concept' and is not limited strictly to omissions caused by circumstances beyond the control of the movant." The courts of appeals apply its test to Rule 6(b) motions. In Raymond v. International Business Machines Corp., 148 F.3d 63 (2d Cir. 1998), the Second Circuit quoted Pioneer for the point that Rule 6(b) is "generally applicable to any time requirement found elsewhere in the rules unless expressly excepted," applied the Pioneer factors to a post-deadline motion for leave to serve a jury demand, and upheld the grant.
The Supreme Court had addressed Rule 6(b) three years earlier in Lujan v. National Wildlife Federation, 497 U.S. 871, 894-98 (1990): a post-deadline extension needs a motion and excusable neglect, and the district court did not abuse its discretion in refusing late affidavits filed without a proper motion.
Pioneer directs courts to weigh all the relevant circumstances, including "the danger of prejudice to the debtor, the length of the delay and its potential impact on judicial proceedings, the reason for the delay, including whether it was within the reasonable control of the movant, and whether the movant acted in good faith." In a civil case, read "the debtor" as the opposing party. Your circuit may phrase the factors differently, and some circuits put the most weight on the reason for the delay. The Second Circuit says it "and other circuits have focused on the third factor" (Silivanch v. Celebrity Cruises, Inc., 333 F.3d 355 (2d Cir. 2003)). Look up your own circuit's formulation before you file.
In practice, a late motion should:
- say exactly when the deadline passed and when you are filing
- give the real reason, with a declaration if the facts are not in the record
- explain why the delay is short and the other side is not harmed
- show good faith, including by moving as soon as you noticed
Pioneer itself says that inadvertence, ignorance of the rules, or mistakes construing the rules do not usually constitute excusable neglect, so do not build the motion on "I did not know the rule."
What Rule 6(b)(2) forbids extending
Rule 6(b)(2) is one sentence: "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)."
| Rule | What it covers |
|---|---|
| 50(b) and (d) | Renewed motion for judgment as a matter of law, and the new-trial motion of a party against whom that judgment is rendered |
| 52(b) | Motion to amend findings after a bench trial |
| 59(b), (d), (e) | New-trial motions, the court's own new-trial order, and motions to alter or amend a judgment |
| 60(b) | Motion for relief from a judgment or order (its time limits are in 60(c)(1)) |
"Must not" means what it says. No stipulation, court order, or showing of good cause can extend these deadlines. An order giving you 35 days to file a Rule 59(e) motion does not protect your appeal: under the 2016 committee note to FRAP 4, a late motion does not restart the appeal time even if a court order set the later date. Our guide to the motion for reconsideration covers the mechanics and the appeal clock.
Deadlines that Rule 6(b) does not govern
Scheduling-order deadlines. Once the court has entered a scheduling order, Rule 16(b)(4) controls: "A schedule may be modified only for good cause and with the judge's consent." Courts applying it focus on the movant's diligence, a harder showing than a first request under Rule 6(b)(1)(A) usually faces.
The deadline to appeal. FRAP 4(a)(5)(A) lets the district court extend the time to file a notice of appeal if the motion is filed no later than 30 days after the original period expires and the party shows excusable neglect or good cause. Under FRAP 4(a)(5)(C), the extension cannot run past the later of 30 days after the original deadline or 14 days after the order granting the motion.
Extension of time to file an answer
Rule 12(a)(1)(A) sets the answer deadline at 21 days after service of the summons and complaint, or, if the defendant timely waived service, 60 days after the request for a waiver was sent (90 days if the defendant is outside any judicial district of the United States). Our guide to how to answer a complaint covers every response clock.
Two interactions matter:
- A Rule 12 motion resets the clock. Under Rule 12(a)(4), unless the court sets a different time, if the court denies the motion or postpones it until trial, the responsive pleading is due 14 days after notice of the court's action. If you have a genuine Rule 12(b) defense, filing a motion to dismiss moves the answer date by itself, and you may not need a Rule 6(b) request.
- Do not let the deadline pass quietly. Rule 55(a) directs the clerk to enter default when a party "has failed to plead or otherwise defend." If a default is entered before your motion is decided, you are no longer asking for an ordinary extension; you are moving to set aside the default under Rule 55(c).
Count the days under Rule 6(a): exclude the trigger day, count every day including weekends and legal holidays, and roll a weekend or holiday deadline to the next day that is not one.
Stipulated extensions and local rules
Local rules and individual judges decide how you ask, and they differ.
| Court | What the local rules say |
|---|---|
| N.D. Cal. | Civil L.R. 6-1(a) lets parties stipulate in writing, without a court order, to more time to answer or otherwise respond to the complaint, if no court-set date moves. Moving a court-set date or another filing deadline needs an order, sought by stipulation under Civil L.R. 6-2 (with a declaration giving the reasons "with particularity," disclosing all previous time modifications, and describing the effect on the schedule; the judge "may grant, deny, or modify" it) or by motion under Civil L.R. 6-3. |
| E.D. Va. | Local Civil Rule 7(I) requires requests for an extension relating to motions to be in writing and says they "in general, will be looked upon with disfavor." Rule 7(F)(2) says a brief need not accompany a motion for an extension of time to respond to pleadings, unless the time has already expired. For discovery deadlines, Local Civil Rule 37(F) says any agreement between counsel on an extension "is of no force or effect" and only the court may grant it. |
| Any court | Check the judge's standing order. Many require a conferral statement, a proposed order, or a specific form. |
Unless your local rule or the judge's order says the parties may extend on their own, assume the date has not moved until the docket says it has.
How to write a motion for extension of time in federal court
Keep it to a page or two, with six things in this order:
- The deadline and the rule. Identify the event (answer, response, discovery response) and the current date.
- The new date. Ask for a specific calendar date, not "an extension" or "additional time."
- The reason. Be concrete and brief. If it depends on facts outside the record, put them in a declaration.
- Prior requests. Say whether there have been any.
- The other side's position. Confer before filing and report the result honestly: consents, opposes, or takes no position.
- No prejudice. Explain why the new date does not disturb any other deadline, hearing, or the trial date.
Attach a proposed order so the judge can grant the request with a signature.
A skeleton, with placeholders only:
[Party]'s Motion for Extension of Time to [Act]
[Party] moves under Fed. R. Civ. P. 6(b)(1)(A) for an order extending the time to [act] from [current date] to [requested date]. Good cause exists because [specific reason]. [This is / is not] the first request for an extension. Counsel for [opposing party] was contacted on [date] and [consents / opposes / takes no position]. The requested date will not affect [hearing / trial / other deadlines]. A proposed order is attached.
If the deadline has already passed, change the citation to Rule 6(b)(1)(B), add the excusable-neglect showing described above, and file at once.
While the motion is pending
Filing the motion does not extend the deadline. Rule 6(b)(1) lets the court extend time, but nothing in it suspends the original date while the request waits. If the judge has not ruled by the day before the deadline:
- keep working toward the original date, so a denial does not leave you with nothing
- ask chambers or the courtroom deputy whether the judge has acted
- if still unsure, file what you have, with a short note that the motion is pending
Do not assume silence means yes.
Frequently asked questions
How do I ask a federal court for more time?
File a written motion under Rule 6(b)(1) before the deadline expires. State the deadline, the specific new date you want, the reason, and whether the other side agrees, and attach a proposed order. Check the local rules and the judge's standing order first, because some require a declaration, a conferral statement, or a stipulation in a set form.
What is the difference between good cause and excusable neglect?
They are not alternatives. Rule 6(b)(1) requires good cause for every extension. If you ask before the deadline expires, good cause is enough. If you ask after, you must also show that you missed the deadline because of excusable neglect, which courts decide by weighing prejudice, delay, the reason for it, and good faith.
Does filing a motion for extension of time stop the deadline?
No. Rule 6(b) lets the court extend a deadline, but nothing in it suspends the deadline while the motion is pending. Until the judge rules, the original date stands. File early, keep working toward it, and if no ruling arrives, finish the filing or call chambers rather than assuming the request was granted.
Can a federal court extend the deadline for a Rule 59(e) motion?
No. Rule 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). The deadlines in those rules, including the 28 days for a Rule 59(e) motion, run without exception, whether or not the other side agrees and whatever the reason for the request.
Can the parties agree to an extension without asking the judge?
Not safely. Rule 6(b) puts the power to extend in the court. Some districts allow certain stipulations to take effect without a court order, while others, such as the Eastern District of Virginia, say counsel's agreement alone has no effect on discovery extensions. Treat an agreement as a reason the court should grant the extension, not as the extension.
Before you file it
A late extension motion invites the judge to read every line, so any excusable-neglect case it cites must exist and say what you claim. Inside the matter, CaseRead's research chat searches CaseRead's public law database for your circuit's cases on the standard, and the new date can go on the matter's deadlines. Then run the draft through the Hallucination Shield: free, no signup, up to 50 citations per run. It flags any citation it cannot verify; reading each case is still your job. For the full workflow, see how to verify AI-generated citations.
This article is for general information and is not legal advice. For guidance on a specific case, consult a licensed attorney in your jurisdiction.