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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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How do I draft a motion to enlarge time for a summons to file

Resolved Question:

How do I draft a motion to enlarge time for a summons to file on a district civil court case?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Are you talking about extending time to initiate the original case before the statute of limitations runs out? Enlarge time for serving a summons? Or a motion to enlarge time to respond to a Summons that was served on you?
Customer: replied 1 year ago.
Motion to enlarge time to respond to a summons that was served to me
Expert:  Lucy, Esq. replied 1 year ago.
Thank you for clarifying.

The first step is typically to ask the other party. If they will agree not to seek a default, in some cases the Motion won't be necessary. Otherwise, you type a request asking the judge for additional time to file the response. The request would usually state the reasons for asking for more time - common reasons are that a person is out of town on business until after the Answer is due, is having scheduled surgery, or needs time to locate an attorney to assist. If there is no reason given, the judge would usually deny the request. A certificate of service is required, to show that the other party is aware of the request. Then, the original is filed, with a copy to the other party.

Here is an example. It's designed for use in Florida, but the general language is the same as what would be used in Colorado.
http://www.nassauclerk.com/_files/2011/MOTION%20ORDER%20TO%20ENLARGE%20TIME%20FORMS.pdf


Keep in mind that the order does not automatically extend time. If the judge does not rule on the Motion before the date the Answer would be do, something has to be filed to avoid a default judgment.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.
How do I get a copy to the plaintiffs attorney? Can I just fax or email it? The summons states that my response to it is due by this Friday, do I need to file anything else since I don't know what the judge is going to rule or if he will rule on it by Friday? Thanks for your help! I plan to type this up now and drive down to the court and file with clerk. I'm then getting on a plane for a trip
Expert:  Lucy, Esq. replied 1 year ago.
You can only fax or email it if the attorney agrees to receive documents via fax or email, or if you also serve a copy by mail. Usually, a document is served by mailing it to the attorney's office, or hand-delivering it, if they happen to be nearby. With the deadline so soon, you may want to file it as an Emergency Motion to make sure the judge sees it.

If the judge does not rule on your motion by Friday, then you need to file an Answer. You may want to prepare a general response denying the allegations (with any defenses listed) and give it to a friend who can file it on Friday if necessary. You can always file a Motion to Amend the Answer when you get back if you have to.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19639
Experience: Lawyer
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