When You Can’t Get More Time
November 15, 2016 § 1 Comment
MRCP 6(b) gives trial judges pretty much leeway to allow lawyers an enlargement of time to do all manner of things.
That authority does not exist in some situations, though.
As the Advisory Committee Note to R6 points out, there are times when the court can’t enlarge time at all:
Rule 6(b) gives the court wide discretion to enlarge the various time periods both
before and after the actual termination of the allotted time, certain enumerated cases being excepted. A court cannot extend the time: (1) for filing of a motion for judgment
notwithstanding the verdict pursuant to Rule 50(b); (ii) for filing a motion to amend the court’s findings pursuant to Rule 52(b); (iii) for filing a motion for new trial pursuant to Rule 59(b); (iv) for filing a motion to alter or amend the judgment pursuant to Rule 60(b); (vi) for filing a motion to reconsider a court order transferring a case to another court pursuant to Rule 60(c); or (vii) for entering a sua sponte order requiring a new trial pursuant to Rule 59(d).
Notice that all of those matters can directly affect appeal time. You’ve got to get them timely filed, or they’re waived. The court can’t play out more rope for you.
The Better Chancery Practice Blog 
[…] week I posted about situations under the MRCP in which the trial court can not extend deadlines. You can read the post at this link. Among those actions are motions for rehearing under R59(b), (d), and […]