Malcolm Rivera
Requesting an extension to respond to a request for the production of documents is an informal matter. A confirmation from the opposing counsel is required to confirm the requested extension. This request is not sent to the court. The extension can be requested by email or letter, and it is good practice to make the request in writing. A party can generally obtain one 30-day extension beyond the initial due date without much question. Obtaining extensions beyond the initial 30-day extension is more difficult.
| Characteristics | Values |
|---|---|
| Method of request | Email or letter to opposing counsel |
| Nature of request | Informal |
| Confirmation required | Yes, from opposing counsel |
| Initial extension | 30 days |
| Subsequent extensions | More difficult to obtain |
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What You'll Learn
Requesting an extension
Firstly, check the local rules and procedures of the court in question. These rules are usually available on the court's website or can be obtained from the court clerk's office. Familiarising yourself with these rules is essential, as they may outline specific requirements for requesting an extension.
The next step is to draft a motion or request for an extension. This should be done in writing, either via email, letter, or fax, and addressed to the opposing counsel or the court, depending on the court's rules. It is good practice to include your case details, the reasons for your request, and the duration of the extension you require. Providing a valid reason for needing additional time is crucial, such as needing more time to gather information or to consult with an attorney.
When submitting your request, it is important to obtain confirmation from the opposing counsel. This confirms your requested extension and ensures that your concerns are properly documented and addressed. If there are other pro se participants in the case who are not attorneys, you must send them a copy of your filing, along with a certificate of service that includes who was served, when, and how.
Finally, monitor the status of your case through the court's electronic filing system. If a hearing is scheduled to consider your request for an extension, you may need to participate remotely through video or teleconferencing. The court will provide instructions on how to attend the hearing electronically.
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Confirmation from opposing counsel
Requesting an Extension:
It is common practice to request an extension by email or letter directly to the opposing counsel. This request is typically not sent to the court. A sample request might look like this: "Dear Counsel, I am writing to request an extension of [state the number of days or weeks] to respond to the request for production of documents from [name of your client] by your client [name of their client]. With this extension, the new due date for our response would be [insert date]. Please confirm your agreement to this extension at your earliest convenience."
Obtaining Confirmation:
After sending the request, it is crucial to obtain confirmation from opposing counsel. This confirmation serves as an agreement to the requested extension. It is considered good practice to obtain this confirmation in writing, whether via email, letter, or fax. This documentation ensures that all parties are aware of and agree to the new timeline.
Court Involvement:
In some cases, the court may need to be involved in granting extensions, especially if the initial 30-day extension has already been granted. Courts typically have stricter rules regarding extensions for reply briefs, often limiting them to a single 14-day extension from the original due date. It is important to review the specific rules and guidelines of the court handling your case to understand their extension policies.
Timely Requests:
It is important to note that litigants should make every effort to meet deadlines and request extensions promptly. If a party misses a deadline and fails to request an extension in a timely manner, the court may dismiss their appeal. Therefore, timely communication with opposing counsel and the court is essential when seeking extensions.
Professional Courtesy:
When requesting an extension, it is customary to express appreciation for the opposing counsel's cooperation and courtesy. This can be done by including a statement such as, "Thank you in advance for your anticipated cooperation and courtesy in this matter." Such statements acknowledge the impact of the request on the other party and help maintain a professional and respectful tone.
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Written request via email or fax
When requesting an extension for the production of documents, it is considered good practice to make the request in writing via email or fax. This request is made to the opposing counsel and not directly to the court. The request should include the number of days or weeks needed for the extension and the reason for the request. An example of a written request is as follows:
"Dear Counsel, I am requesting a [state # days or weeks] to serve a response to [insert name of discovery propounding] on my client [name] by your client [name]. As such, my client's response would be due on [insert date]. Kindly please confirm your gracious extension."
It is important to note that obtaining confirmation from the opposing counsel for the requested extension is crucial. While a party can generally obtain a 30-day extension without much difficulty, securing additional time beyond this initial period can be more challenging. The court is typically stricter about extensions on reply briefs, often limiting extensions to a single 14-day extension from the original due date. Therefore, it is essential to plan accordingly and make requests promptly to avoid any issues with deadlines.
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Court's authority to grant extensions
The authority of a court to grant extensions varies depending on the jurisdiction and the specific circumstances of each case. In the United States, for example, the authority to grant extensions is generally granted to the courts through statutes and procedural rules. In the case of California, a litigant can request an extension of time to produce documents by making a written request to the opposing counsel via email, letter, or fax. This request is considered an informal matter and does not need to be sent to the court. However, it is important to obtain confirmation from the opposing counsel granting the requested extension.
In another instance, the Supreme Court of India addressed the issue of extending the mandate of an arbitral tribunal after the passage of time. The Court interpreted Section 29A (4) of the Arbitration Act liberally, concluding that there is no prescribed limitation period for filing an application under Section 29A (5). As a result, the Court affirmed that there is no restriction on its authority to extend the mandate, even after the mandate has ended due to the passage of time. The Court's judgment emphasized the importance of ensuring timely completion of arbitral proceedings while allowing for extensions when warranted.
Additionally, the Tenth Circuit of the United States Court of Appeals provides guidance on extensions, deadlines, and responsibilities. In this context, a pro se litigant is not required to serve copies of filings on defendants who have not been summoned to appear by the district court. Pro se litigants are also exempt from sending copies of their filings to attorneys for opposing parties or other pro se participants who have consented to electronic service. However, they must provide copies and a certificate of service to pro se participants who are not attorneys and have not consented to electronic service.
It is important to note that the authority to grant extensions may differ based on the specific court and the applicable laws or rules. Each request for an extension is typically evaluated on a case-by-case basis, considering the facts, circumstances, and the presence of 'sufficient cause'. The granting of extensions is generally done with careful consideration to ensure the fair administration of justice.
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Strictness of extensions beyond 30 days
The process of requesting an extension to respond to a request for the production of documents is generally informal. It is considered good practice to make the request in writing, via email or fax. The request is made to the opposing counsel and not directly to the court.
When requesting an extension, it is important to provide a specific timeframe for the extension and a justification for why it is needed. Obtaining confirmation from the opposing counsel is also necessary.
While there is flexibility in granting extensions for the production of documents, the strictness of extensions beyond 30 days may vary depending on the specific court and the circumstances of the case. In some cases, an application or motion for an extension must be filed within the period sought to be extended. This means that if a party wishes to extend a deadline by more than 30 days, they must request the extension before the initial deadline passes.
Additionally, certain courts or jurisdictions may have their own rules and procedures regarding extensions. For example, the Supreme Court has specific rules regarding the computation and extension of time, including that any motion to extend the time to file a document must be presented to the Clerk with specific reasons justifying the extension.
It is important to note that the information provided here may not constitute legal advice, and specific procedures may vary depending on the jurisdiction and the nature of the case. Seeking advice from an attorney or legal professional is always recommended.
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Frequently asked questions
You can request an extension by email or letter to the opposing counsel. This request is not sent to the court.
You should include the number of days or weeks you are requesting to extend the deadline, the name of the discovery propounding, and the name of your client. You should also kindly ask for confirmation of the extension.
A party can generally get one 30-day extension of time beyond the initial due date without much question. Obtaining extensions of time beyond an initial 30-day extension is more difficult.
