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?

Can parties extend a court-ordered deadline by agreement?

Generally not without court approval. Submitting a stipulation and order converts the agreement into an enforceable modification.

Which deadlines cannot be extended?

Which deadlines cannot be extended?

Jurisdictional deadlines including the notice of appeal, which no agreement or court order can enlarge.