You are here

Notice of Extension of Time to File Adversary Documents

Official Procedure Last Change December 1, 2019

Notice of Extension of Time to File Adversary Documents

How to file:

Location of event: Adversary > Answers & Defendant's Initial Pleadings > Defendant's Initial Pleadings > Extension of Time to File, Notice of

Things to be aware of when filing: The title on the PDF must read Notice and not Motion.

 

General Information

  • This Notice can be used to request an extension of time to file a responsive pleading or a response to a written request for discovery or request for admission, or response to a motion.
  • A Notice of Extension of Time, which does not require an order from the Court, may only be filed instead of a Motion if all of the following are true:
    • This is the first request for an extension of time
    • The extension sought does not exceed 28 days
    • The opposing party's consent has been obtained, or they were unable to be contacted

If these conditions are not met, the request for extension must be filed as a Motion for Extension of Time.

  • If filing a Notice of Extension of Time, the PDF must be titled as such (not as a Motion). Likewise, if filing as a Motion for Extension of Time, the PDF must be titled as a Motion, not a Notice.

Filing Requirements

  • The Notice must be signed by the filing party.
  • The Notice must contain a declaration that opposing party's consent has been obtained, or they were unable to be contacted.
  • A Statement of Corporate Ownership must be filed if the filing party is not an individual or a governmental unit, unless the filing party is the debtor.
  • It is not necessary to upload a proposed order - no order is required for a Notice of Extension of Time.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Adversary > Answers & Defendant's Initial Pleadings > Defendant's Initial Pleadings.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Extension of Time to File, Notice of from the event list and click Next.

5. Check box if jointly filing with another attorney. Click Next.

6. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

7. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

8. A warning notice is displayed. Click Next

9. Browse to attach the document to be filed (pdf file). Click Next.

10. All event categories are displayed. Leave them all selected and click Next.

11. Check box next to document to which your extension of time relates and click Next.

12. Select appropriate radio button to indicate for which document you are requesting an extension of time. Only select the Answer by agency of the United States option if the filing party is such an agency (e.g. the US Trustee, IRS etc). Click Next.

13. If you indicated that you are requesting an extension of time to file an answer, the extended date is calculated and displayed. If the displayed date does not match the date contained in the Notice of Extension, change the date to match. Click Next.

If you indicated that you are requesting some other extension, type the name of the document for which extension is being sought and enter the extended date (as shown in the Notice of Extension) in the date field, then click Next.

14. Select prefix text, if applicable, and click Next.

15. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.