(a) Automatic Initial Extension. The court requires all initial extensions of the
following deadlines to be accomplished by a Notice of Parties' First Extension of
Time (without a proposed order), rather than by motion, unless a party affirmatively
objects to extending the deadline or subsection (b) of this rule applies:
• the deadline for filing a response to a pleading as defined by Fed. R. Civ.
P. 7(a); and
• the deadline for responding to any written request for discovery or
admissions.
No initial extension of these deadlines may exceed 28 days. The party to whom the
deadline applies must file a Notice of Parties' First Extension of Time that:
(1) confirms that the deadline has not been previously extended;
(2) sets forth the original deadline and the new deadline and confirms that
the extension is for 28 or fewer days;
(3) confirms that the extension does not interfere with the Case
Management Plan, scheduled hearings or trials, or other deadlines set by court
order; and
(4) as to each other party who has appeared in the case, state either that (1)
the party’s counsel has agreed to the extension; or (2) the filing attorney
attempted to reach the party’s counsel (or the party if pro se) but was unable to
do so, providing the dates, times and manner of all attempts to reach opposing
counsel.
(b) Pro Se Parties. Filing of a Notice of Parties' First Extension of Time
pursuant to subsection (a) of this rule is optional in any case in which there is a pro
se party who is not in default. A party opting not to file a Notice of Parties' First
Extension of Time must file a motion for any extension of a deadline in such cases.
(c) Motion Required. Unless subsection (a) of this rule applies, a request for an
extension of time not made in open court or at a conference must:
(1) be made by written motion;
(2) state the original deadline and the requested deadline;
(3) state the reasons for the requested extension and explain why those
reasons constitute good cause (or excusable neglect if the motion is made after
the deadline has expired) as required by Federal Rule of Civil Procedure 6(b);
and
(4) if all parties are represented by counsel, either:
(A) state that there is no objection to the extension; or
(B) describe all attempts made to obtain an agreement to the extension
and state whether opposing counsel objects to it.
Note: Amended July 1, 2023, to clarify that initial extensions of 28 days or less must be made by
Notice, not Motion.
