what are good reasons for a lawyer to file a motion to extend time

Filing a motion to extend time allows you to hire a lawyer if you don't have one to help you file a proper answer. If you don't need legal representation, filing an extension of time motion gives you time to raise all possible defenses and counterclaims. How much does it cost to file a motion to extend time?

Full Answer

What does it mean to file a motion to extend time?

Filing a motion to extend time allows you to hire a lawyer if you don't have one to help you file a proper answer. If you don't need legal representation, filing an extension of time motion gives you time to raise all possible defenses and counterclaims. How much does it cost to file a motion to extend time?

Can I file a motion for an extension for an appeal?

But good cause reasons can and should be included. Many times a court of appeals will allow the extension if it was filed in time. That is the big question, because the court's jurisdiction is limited to the appeal being filed in time, or the motion for extension being filed in time. Time is of the essence. Thank you.

How much does it cost to file a motion to extend?

Most states have no fee for filing a motion and order to extend the time to answer a collection lawsuit. For this reason, you can go ahead and file an extension in your collection lawsuit and then try to negotiate a settlement with the creditor.

Can a court extend the time for compliance with a rule?

(Rule 3.1 (2) (a) provides that the court may extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired))” The important words for present purposes are “the date of the decision”.

What does Motion for Enlargement of time mean?

An Enlargement of time refers to extension of time during which a party may plead a case, file a requisite document in court etc. The party seeks the court's leave for granting such time when he or she files a motion for Enlargement of time.

What does an extension mean in court?

Extension is a grant to increase the time originally specified in a written contract, a verbal agreement, or an obligation.

What does it mean when a lawyer puts in a Motion?

A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.

Is a continuance the same as a stay?

In CRD cases, an extension of time refers to resetting the date on which a submission is due; a continuance refers to resetting the date or time on which an event, such as a hearing or a prehearing conference, is to take place; and a stay (of proceedings) refers to the suspension of all due dates for submissions or ...

What is motion for extension?

A motion for extension to file any pleading, other than an Answer, is prohibited and considered a mere scrap of paper. The court, however, may allow any other pleading to be filed after the time fixed by the Rules.

How do you respond to request for extension of time?

Letter responding to request for extension of time for compliance with rule, practice direction or court order. Thank you for your letter of [insert date] requesting an extension of time [set out details of the requested extension]. agree to it.

What are types of motion?

According to the nature of the movement, motion is classified into three types as follows:Linear Motion.Rotary Motion.Oscillatory Motion.

Can a motion be denied?

The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.

What is a noticed motion?

A noticed motion is a court-compatible document usually served (noticed) on the affected parties, and then entered and stamped by a court clerk. At a hearing, the court later makes its decision to either grant or deny the applicant's motion.

How do I get a court order to stay?

Here you go:Approach the court with an application through a lawyer to request a stay order on your property.Attach necessary documents such as property papers, identification proof, and FIR along with the application.You must also mention the nature of stay you are seeking.Don't forget to state the reason for stay.

What happens at a motion hearing?

A motion hearing is a hearing that is held in front of the judge after one of the lawyers in the case has filed a written request for the judge to do something. At the hearing, the lawyers will orally argue for or against the request, and in some cases, testimony will be taken regarding the issue.

What is a permanent stay of proceedings?

A stay of proceedings refers to the courts discretionary capacity to halt proceedings permanently, indefinitely or to a specified date, as to avoid undue or unfair circumstances. Namely, these will occur when the court feels there has been some abuse of the court's processes.

When should a motion for continuance be filed?

The filing of a motion for continuance should, however, never be routine or taken lightly. They should never be filed the week before the trial setting, when denial of the motion leaves us no opportunity to cure. The days when the granting of a motion for continuance could be taken for granted are gone. And the consequences of filing a motion ...

What does the rule say about motion for continuance?

So, here are some of the things the rules say about motions for continuance under these circumstances:• The motion for continuance shall be not granted unless it shows “sufficient cause” and is supported by an affidavit; If the “sufficient cause” is a lack of certain testimony, the affidavit must show: the missing testimony is material;

What is an affidavit supporting a motion for summary judgment?

And the affidavit supporting a motion for summary judgment is almost always from the lawyer handling the case.

What is sufficient cause in affidavit?

If the “sufficient cause” is a lack of certain testimony , the affidavit must show: the missing testimony is material; the nature of the materiality; the lawyer exercised due diligence to try to get the testimony; the exact “due diligence” used by the lawyer and why it failed; and if this is not the first motion then, the testimony is not available from another source. If the “sufficient cause” is a lack of a witness (you figure out whether what you are missing is a witness or testimony), the affidavit must show: the name and address of the witness; and what you expect approved by this witness (which seems a lot like a lack of testimony).

Is there an older case on the docket?

After all, there are older cases ahead of it on the docket, including one with a special setting. Besides, the opposing lawyer is just as unprepared as you are and he has two other cases set that same week in other courts, both of which are older than this case.

Can you go to trial if you believe your affidavit?

You are now going to trial under circumstances where justice cannot be done, if one believes your affidavit. When you lose that case because of a lack of preparation and the lack of evidence, the resulting judgment against your client is the product of a lack of justice, if one believes your affidavit.

Why do attorneys request continuances?

Attorneys often request continuances because their work on other cases has prevented them from devoting the necessary time to the case at hand. Courts usually allow some leeway in these situations, especially for court-appointed defense attorneys. Time for the defense.

What is a reasonable time to prepare for trial?

Both the prosecution and the defense are entitled to a reasonable time to prepare for trial. Exactly what constitutes a reasonable time is open to interpretation, and depends on the circumstances and complexity of a particular case. In general, each side must be given sufficient time to: review the evidence.

Why do judges frown upon continuances?

Because continuances delay the resolution of a case , judges typically frown upon them. It's usually only when the defendant's rights might otherwise be violated that a court will grant a continuance request. Absent a law or constitutional right to the contrary, judges have broad discretion to determine whether to issue a continuance.

Why is a continuance warranted?

However, a continuance due to a change in a charging document is warranted only if the change (known as "variance") compromises the defendant's case.

Why do you need to prepare an alibi for a continuance?

For example, the prosecution changing the alleged date of a crime might justify a continuance to allow the defendant to prepare an alibi for the date in question.

What is a continuance in a trial?

A continuance is a grant of additional preparation time before or during a trial. Either the prosecution or the defense can request a continuance, and sometimes even the court can order a continuance of its own accord.

What is the most important consideration for a judge?

Perhaps the most important consideration for a judge is whether the party requesting the continuance has been diligent —in other words, whether the party put in sufficient effort. Parties must be active in reviewing evidence, interviewing witnesses, issuing subpoenas, and testing forensic evidence.

Why should the court be more lenient in extending the time to appeal?

Knafler submitted that when dealing with an application for an extension of time to appeal in public law cases generally the court should adopt a more lenient approach because the appeal would almost invariably raise issues which it is in the public interest for the court to consider. He also submitted that the court should recognise the fact that public authorities find it difficult to provide instructions to their lawyers quickly enough to enable them to meet the deadlines imposed by the rules.

What happens if you extend your appeal time?

If applications for extensions of time are allowed to develop into disputes about the merits of the substantive appeal, they will occupy a great deal of time and lead to the parties’ incurring substantial costs. In most cases the merits of the appeal will have little to do with whether it is appropriate to grant an extension of time. Only in those cases where the court can see without much investigation that the grounds of appeal are either very strong or very weak will the merits have a significant part to play when it comes to balancing the various factors that have to be considered at stage three of the process. In most cases the court should decline to embark on an investigation of the merits and firmly discourage argument directed to them. Here too a robust exercise of the jurisdiction in relation to costs is appropriate in order to discourage those who would otherwise seek to impress the court with the strength of their cases.

How long did the court have to appeal Sayers v Clarke Walker?

In Sayers v Clarke Walker the court was concerned with an application to extend time for filing a notice of appeal (then 14 days from the date of the decision) by nearly 8 weeks . It was clearly worried by the fact that approaches to applications of that kind varied considerably among judges in the lower courts and indicated that the “check list” of factors in CPR 3.9 as it then stood should be adopted in order to promote consistency of approach. Brooke L.J., with whom Kay L.J. and Sir Christopher Staughton agreed, said:

Why was the notice of appeal filed out of time?

The notice of appeal was filed out of time because the parties did not realise that the order adjourning permission to appeal did not have the effect of extending time. Ignorance of the rules rarely afforded a good reason.

What was the consequence of failing to comply with the rule in the case of the defendant?

The judge allowed the defendant’s application and dismissed that of the claimant, but the Court of Appeal allowed the claimant’s appeal on the grounds that the consequence of failing to comply with the rule was the imposition of an implied sanction, from which it was necessary to obtain relief.

Is there a need to apply for an extension of time under CPR 3.9?

Mr. Knafler submitted that since CPR 52.4 (2) imposes no sanction for a failure to file a notice of appeal within the prescribed time, there is no need to make an application under rule 3.9 and an application for an extension of time is not, and should not be treated as if it were, an application for relief from a sanction. I have considerable sympathy with that submission, which seems to me to reflect the natural meaning of the words used in rules 3.8 and 3.9. In my view the reasoning of the Privy Council which underpins its construction of rules 26.6 (2) and 26.7 of the Civil Procedure Rules of Trinidad and Tobago applies with equal cogency to CPR 3.8 and 3.9, which on that view should be understood as being limited in their application to sanctions imposed prospectively by a rule, practice direction or order of the court. If that were so, applications for extensions of time for permission to appeal would not generally be subject to the full rigour of the principles applying to applications for relief from sanctions. However, the matter is not free from authority, as I pointed out recently in Altomart Ltd v Salford Estates (No. 2) Ltd [2014] EWCA Civ 1408, in which similar arguments were advanced.

2 attorney answers

You should set up the document to look like the Complaint (the name of the court is at the top, the names of the plaintiff and defendant and the case number where they belong) - title your document, "Motion for Enlargement of Time to Respond to the Complaint" and then write that you (put your name), the Defendant, requests a reasonable amount of time (30 days) to respond (don't put answer, put respond) to....

Lisa F. Santos

Because you are still pro se, neither the attorney nor the court will be holding you to the exact wording.