Stipulation to Extend Discovery Deadline
(Federal)

Summary

This is a template stipulation to extend a discovery deadline that parties to a federal civil case may use to memorialize an agreement to lengthen the time for responding to discovery. This template includes practical guidance, drafting notes, and alternate and optional clauses. Parties may agree to extend discovery deadlines without a formal stipulation and without court approval unless the extension would interfere with the time set for completing discovery, for hearing a motion, or for trial. Fed. R. Civ. P. 29(b). In one of the latter situations, the court must enter an order approving the stipulation. Fed. R. Civ. P. 29(b). Local rules also may require court approval of stipulations that extend deadlines set in the parties' discovery plan or the scheduling order. See, e.g., D. Nev. Civ. R. 26-3. Finally, courts always retain general discretion to reject a stipulation. See, e.g., I/P Engine, Inc. v. AOL, Inc., 283 F.R.D. 322, 325 (E.D. Va. 2012). The federal rules do not require that you file a discovery stipulation (see Fed. R. Civ. P. 5(d)(1), 29), nor do they explicitly require that such stipulations be written. However, local rules may require the filing of stipulations, and the best practice remains to memorialize in writing any agreement between parties. See Conn. Fair Hous. Ctr v. CoreLogic Rental Prop. Sols., LLC, 2021 U.S. Dist. LEXIS 60197, at *23 (D. Conn. Mar. 30, 2021) (defendant unsuccessfully sought to exclude expert report as untimely even though it was submitted within the extended time agreed by email); see also Sundance Servs. v. Admiral Ins. Co., 2022 U.S. Dist. LEXIS 28625, at *8 (D.N.M. Feb. 17, 2022) (plaintiff could not have requests deemed admitted based on ambiguous email exchange regarding deadline). For more on discovery stipulations, see Moore's AnswerGuide: Federal Discovery Practice § 15.01 et seq.