11JDCR 3.20

(a) Time for filing. Motions or stipulations to extend a deadline must be filed as soon as possible and before the expiration of the subject deadline.

(1) Notice. All motions for extensions of time shall be made upon 5 days’ notice to all counsel. A party seeking an ex parte order granting or extending the time to file any paper or do any act must comply with DCR 17.

(2) Responding to a complaint. Extensions to answer or otherwise respond to a complaint shall not exceed 40 days without court approval.

(b) Title to indicate number of request. Every motion or stipulation for an extension of time must, immediately below the title, include a statement indicating whether it is the first, second, etc., requested extension—e.g., “First Request for Extension.”

(c) Content. An affidavit or declaration in support of a motion or stipulation to extend a deadline will:

(1) Identify the requester;

(2) Identify the statute, rule, or order that established the deadline and the date of the deadline;

(3) State the factual basis for the request;

(4) State what work has been completed to meet the deadline and why the deadline cannot be met;

(5) Inform the court of all previous requests for extensions, and for each request:

(A) Identify the party making the request;

(B) Identify the factual basis supporting the request; and

(C) State whether the request was granted;

(6) Propose a new deadline and a schedule to meet the new deadline; and

(7) Certify that the moving party has made a good faith effort to communicate with all parties regarding the requested extension and the results of those efforts.

(d) Ex parte motions. The court may order ex parte an extension of time if the moving party makes a satisfactory showing by affidavit or certificate of counsel that a good faith effort has been made to notify opposing counsel of the motion and the court finds good cause for the extension of time.

(e) No effect on other dates. An order extending a deadline does not affect any established trial date, hearing date, or other deadline except as specifically provided in the order extending the deadline.