Pleadings and Motions
Discovery Motions
Extension requires good cause under Rule 16(b)(4), demonstrating that the deadline could not reasonably be met despite diligence. Consent of the opposing party does not eliminate the requirement.
Courts consider the effect on other deadlines and the trial date.
Alternative Names:
Motion to Extend Discovery, Discovery Extension Motion
Why it Matters?
Diligence is what the analysis turns on, so the motion must establish what discovery was pursued during the period and why the remaining work could not have been completed. Motions filed near or after the deadline face a harder showing than those filed with time remaining, and a party discovering it needs more time should move promptly rather than waiting to see whether the work can be finished.
Frequently Confused with
Related terms
Frequently asked questions
What must the motion establish?
Does opposing party consent suffice?
