Agreed Extension

Agreed Extension

Agreed Extension

Parties frequently agree to extend response deadlines. Whether the extension is effective without court approval depends on the deadline: party-set deadlines may be extended by agreement while court-ordered deadlines generally require an order.

Some deadlines cannot be extended at all.

Alternative Names:

Stipulated Extension, Consent Extension

Why it Matters?

The distinction between party-set and court-ordered deadlines is where agreed extensions fail, because counsel who exchange a courtesy extension on a court-ordered deadline have accomplished nothing enforceable. Jurisdictional deadlines including notices of appeal cannot be extended by any agreement. The safe practice is submitting a stipulation and order for anything the court set, which converts the agreement into an enforceable modification.

Frequently asked questions

Can parties extend a court-ordered deadline by agreement?

Which deadlines cannot be extended?