Stipulation Extending Time to Answer
(Federal)

Summary

This Stipulation Extending Time to Answer (Federal) is a standard stipulation that attorneys can use to extend a defendant's time to file a responsive pleading or motion to dismiss in a civil action in federal court on consent. This template includes practical guidance, drafting notes, and alternate and optional clauses. Parties can—and frequently do—agree to extend most deadlines without prior court permission. In practice, attorneys often consent to extensions of time that the court would ordinarily grant, such as extensions for filing an answer, responding to discovery, or responding to a motion. See Fed. R. Civ. P. 6(b). However, do not expect opposing counsel to save you from expired deadlines that are fatal to your case, such as a statute of limitations deadline. If all parties agree to your extension request, you should prepare a stipulation containing all the terms of your agreement, including the new date, any other dates adjusted by the new deadline, and a description of the reasons for needing the extension. Counsel for all parties should promptly sign the stipulation. As a practical matter, many attorneys file stipulations extending time with the court even if the extension will not interfere with a court-imposed discovery completion, hearing, or trial date. Be sure to consult your court's applicable local rules and your judge's individual rules and standing orders to determine if the court imposes any specific requirements for filing or approving your stipulation. This is especially important because many district courts (and judges) have rules that limit the ability of the parties to stipulate to extensions of time to serve responsive pleadings. See, e.g., Local Rules, E.D. Cal., L.R. 144(a), N.D. Fla. L.R. 6.1. The rules may require court approval or limit the length of any extension. For more information on computing and extending time in federal court, see Computing and Extending Time in Litigation (Federal). For a discovery stipulation, see Stipulation to Extend Discovery Deadline (Federal).