A legal motion is a formal request to a court for a specific action. An extension request can be filed to extend deadlines or complete actions. Supporting documentation is provided, and a hearing may be held. Extension requests are used in various legal cases, including bankruptcy.
A legal motion is a formal written request made to a court asking it to do something specific. An extension request can be filed by a party who wants the court to extend the time it takes to complete something, such as providing information, meeting a deadline, or performing an action. An extension motion will usually be accompanied by supporting documentation, such as information about the rule or law that allows the motion to be filed; the appropriate attachments, affidavits, and a written document called a brief supporting a motion to extend are also usually provided. These documents outline the reasons why the request was made and why it should be granted by the court. If a hearing is held, the parties to the action will typically present oral arguments in support of or against the motion. The court then reviews the arguments along with the motion and supporting documentation to finally rule and issue a formal order.
When a party, or plaintiff, files a complaint against another person, a defendant, it usually does so by formally handing over a written document. The complaint typically must be served on the defendant within a certain amount of time according to local court rules. If the plaintiff makes a good faith effort to notify the other party of the claim but is unable to do so, the plaintiff may file a motion to extend the time to file the claim so as not to run the risk of missing the time limit. . If the court finds that the request is justified, it issues a formal order extending the deadline.
Once a claim has been served on a party and filed with the court, the defendant typically has a specific amount of time to formally respond to the claim, usually 30 days in most jurisdictions. If you are unable to do so because you cannot find a legal representative or for some other valid reason, you can file a motion to extend the time to respond to your complaint in court. This is a very important motion because if the defendant does not respond to the complaint within the allotted time, he may be deemed to have admitted the charges and the court may enter a default judgment against him in favor of the plaintiff.
After a lawsuit is initiated, the parties typically exchange information about the case in an informal process called discovery. Some courts may issue an order that provides specific deadlines for a case to follow, including a date by which discovery must be completed. If one party needs more time to meet the other party’s discovery requests, or has more of its own discovery to complete and is in danger of missing the discovery deadline, it can file a motion to extend the discovery deadline in the court . If the other party agrees with the motion, and the court deems it well founded, it may set a new discovery term that will be binding on both parties.
Extension requests are also often used in bankruptcy cases. In a bankruptcy action, once a debtor files for bankruptcy, the court normally grants him what is known as automatic stay, which protects him from further seizures, foreclosure actions and attempted collection by creditors. In some circumstances, such as when a debtor has had a bankruptcy filing filed or filed for bankruptcy multiple times over a period of time, a stay may not be automatic or may only be granted for a short time, sometimes such as just over 30 days. If the debtor can demonstrate good cause for the extension of the stay, he can file an application for the extension of the automatic stay with the court. Examples of good cause may include wage garnishment, handing over personal property to settle debt, or proof of higher-paying work.
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