EXTENDING AND SHORTENING TIME
(a) Extensions on Stipulation. Unless the filing date has been set by order
of the Court, an initial stipulation extending time for no more than twenty-eight (28) days
to respond to a complaint, cross-claim or counterclaim, or to respond to interrogatories,
requests for admissions, or requests for production of documents may be filed without
approval of the Court if the stipulation is signed on behalf of all parties who have appeared
in the action and are affected by the stipulation. All other extensions of time must be
approved by the Court. No open extensions of time by stipulation of the parties will be
recognized.
(b) Contents of Application for Extension. All motions for extensions of time
shall set forth the total period of extensions already obtained by the parties as to the
particular matters for which the extension is sought.
(c) Initial Ex Parte Extension. The Court may, in its discretion, grant an initial
extension ex parte upon the affidavit of counsel that a stipulation extending time cannot
reasonably be obtained, explaining the reasons why such a stipulation cannot be obtained
and the reasons why the extension is necessary. Except for one such initial extension,
ex parte applications for extension of time are not ordinarily granted.
(d) Time for Requesting Extensions. Counsel shall seek to obtain a
necessary extension from the Court or from other counsel or parties in an action as soon
as the need for an extension becomes apparent. Requests for Court-approved
extensions brought on the required filing date for the pleading or other document are
looked upon with disfavor.
(e) Shortening Time. Applications to shorten time shall set forth by affidavit
of counsel the circumstances claimed to justify the issuance of an order shortening time.
Ex parte applications to shorten time will not be granted except upon affidavit of counsel
showing a satisfactory explanation for the need for the issuance of such an order and for
the failure of counsel to obtain a stipulation for the issuance of such an order from other
counsel or parties in the action. Stipulations for the issuance of an order shortening time
require the approval of the Judge or Magistrate Judge on whose calendar the matter is to
be heard before such stipulations are given effect. Any proposed order shortening time
shall include blanks for the Court to designate a time and date for the hearing and for the
filing of any response to the motion.
