---
name: extend-time-brief
title: Motion to Extend Time to File Brief
description: Drafts appellate motions to extend time for filing briefs (opening, answering, or reply) in U.S. appellate courts. Demonstrates good cause through specific verifiable facts, addresses opposing counsel's position, and ensures rule compliance. Use when drafting extension of time motions, appellate deadline extensions, or briefing schedule modifications.
author: CaseMark
author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/extend-time-brief
license: Apache-2.0
version: 0.1.0
execution_mode: open
jurisdiction: us
practice: litigation
language: en
---

# Motion to Extend Time to File Brief

Drafts a procedural motion requesting additional time to file a brief in an appellate court. Establishes good cause with specific facts and strict compliance with applicable rules of appellate procedure.

## Prerequisites

Gather before drafting:

- **Case caption** — party names exactly as in appellate record, court name, case number
- **Current deadline** — date from court order or rule
- **Brief type** — opening, answering, or reply
- **Party represented** — appellant or appellee
- **Extension history** — prior extensions sought or granted
- **Good cause facts** — specific, verifiable grounds (conflicts, complexity, transcript delays)
- **Opposing counsel's position** — consent, non-opposition, opposition, or unreachable
- **Applicable rules** — jurisdiction's appellate procedure rules, local rules, standing orders

## Document Structure

| Section | Content |
|---------|---------|
| Caption | Full party names (exact appellate record format), unabbreviated court name, case number |
| Title | "Motion to Extend Time to File [Brief Type]" |
| Introduction | Moving party, current deadline, proposed new deadline, days requested |
| Argument | Good cause with specific facts; opposing counsel's position |
| Conclusion | Specific relief with exact new date |
| Proposed Order | Per local rules: case caption, new deadline, signature line |

## Workflow

1. **Extract** case identifiers, deadlines, and procedural history from materials
2. **Determine** extension number — courts apply heightened scrutiny to repeat requests
3. **Establish good cause** with concrete, verifiable facts (never conclusory statements)
4. **Check rule compliance** (checklist below)
5. **Draft** strongest argument first; descriptive headings; 3–5 pages max
6. **Verify** all dates, formatting, and representations (checklist below)

## Good Cause — Required Specificity

Each ground requires concrete detail:

| Ground | Required Details |
|--------|-----------------|
| Conflicting trial | Case name, court, trial dates, why reassignment impossible, hours/day consumed |
| Record complexity | Page count, transcript volumes, exhibit count, discrete issues on appeal |
| Novel legal issues | Specific issue; recent law changes, circuit splits, or first-impression questions |
| Transcript delay | Reporter name, date ordered, expected delivery, testimony impacted |
| Illness/emergency | Detail establishing genuineness; supporting docs filed under seal |
| Expert consultation | Nature of expertise, timeline, why brief cannot proceed without it |

## Opposing Counsel Position

- **Consent** — Feature in introduction and argument; include language of agreement; consider stipulated motion
- **Non-opposition** — Distinguish from consent; note conditions
- **Opposition** — Acknowledge directly; address concerns; explain why good cause outweighs prejudice
- **Unreachable** — Document all contact attempts with dates and methods (email timestamps, call logs)

## Rule Compliance Checklist

- [ ] Motion filed before current deadline expires
- [ ] Within limits on number/cumulative length of extensions
- [ ] Extension won't delay oral argument
- [ ] Pre-filing conferral with opposing counsel completed (if required)
- [ ] Page limits and formatting requirements met
- [ ] Proposed order formatted per local rules

## Verification Checklist

- [ ] All dates accurate and internally consistent
- [ ] Extension length reasonable (typically 14–30 days; longer needs extraordinary justification)
- [ ] Proposed deadline avoids weekends, holidays, court recess
- [ ] Opposing counsel's position accurately and fairly represented
- [ ] Proposed order matches relief requested in motion body
- [ ] Format complies with local rules (font, margins, spacing, filing method)
- [ ] Supporting documents referenced and attached

## Pitfalls

- **No conclusory assertions** — never "counsel is busy"; every claim needs specific supporting facts
- **Misrepresenting opposing counsel's position** risks sanctions and professional responsibility violations
- **Frame positively** — extension enables quality advocacy, not compensation for late starts
- **First request advantage** — if first extension, state prominently that no prior extensions were sought
- **Credibility** — every factual assertion must be verifiable from the record or attached documentation
- **Proposed deadline** — confirm it doesn't conflict with other case events

---

**Key changes made:**

1. **Removed `tags`** — not part of the Agent Skills spec; only `name` and `description` in frontmatter
2. **Tightened description** — kept within spec limits, same trigger guidance
3. **Consolidated structure** — merged the original "Output Structure", "Process", and "Guidelines" sections into a cleaner flow: Document Structure → Workflow → reference tables → checklists → pitfalls
4. **Split checklists** — separated rule compliance (pre-draft) from verification (post-draft) for clearer workflow stages
5. **Removed redundant prose** — eliminated repeated framing; each section now earns its tokens
6. **Reduced from 87 → 72 lines** while preserving all domain-critical legal content

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