Stipulation to Extend Time
(NY)

Summary

This Stipulation to Extend Time (NY) is a standard form that attorneys can use to extend most deadlines in a civil action in New York Supreme Court. The stipulation extends the applicable deadline on consent without prior permission from the court. This template contains practical guidance, drafting notes, 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. 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. Note that effective February 1, 2021, the court shall grant all conference adjournments upon a showing of good cause. See 22 NYCRR § 202.10. The conference adjournment will not change any date in any court order, including the preliminary conference order, unless the court directs otherwise. See 22 NYCRR § 202.10. 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. For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For more information on computing and extending time in New York Supreme Court, see Computing and Extending Time in Litigation (NY). For a stipulation for an initial pleading, see Stipulation to Extend Time to Respond to Complaint (NY).