Extending the Time to Answer a Lawsuit
After a lawsuit has been filed and served, defendants typically have a set amount of time to either answer the complaint, file a motion, or otherwise respond to the litigation. However, this timeframe is often not sufficient for a defendant to retain counsel and properly form a response to the litigation, and it is common for defendants to ask for more time to respond to a lawsuit from their adversary. Nevertheless, there are certain things that attorneys and litigants should keep in mind when extending the time to answer a lawsuit.
Building Courtesy
Some litigants may approach extending the time to answer a lawsuit negatively since they do not wish to provide a favor to the other side in litigation and wish to put pressure on defendants. However, extending the time to answer a lawsuit can go a long way toward building courtesy between litigants. Such courtesies are important because there may be a time later in the litigation when the party agreeing to extend the time to answer needs an extension or other courtesy. Moreover, if an extension is not provided, defendants can usually just ask the court for an extension, and the party that refused to grant an extension will not be viewed kindly by a court. As a result, it usually makes sense to agree to an extension since there is potential upside and there is unlikely to be any downside to this courtesy.
Waiver of Defenses
When extending the time to answer a lawsuit, the party granting the extension may be able to get a benefit from providing the courtesy of more time to answer litigation. Indeed, it is not uncommon for defendants to agree to waive some defenses in exchange for an extension of the time to answer. Defendants will usually agree to waive service of process in exchange for more time to respond to litigation. The fact that a litigant is making an extension request means that they know about the lawsuit, and as such, service of process is not ordinarily necessary. Moreover, defendants may be willing to waive defenses based on personal jurisdiction in exchange for an extension of responding to a lawsuit. Personal jurisdiction is the power of a court to hear a case against the defendant, and this can generally be waived. Oftentimes, service of process and personal jurisdiction are the subject of motions to dismiss that can take substantial time and resources to litigate, so it is worth it to provide an extension in exchange for a waiver of these defenses.
Stipulation
When extending the time to answer a lawsuit, it is important that the plaintiff and the defendant enter a stipulation that memorializes the terms of the extension. A stipulation is just a written agreement in writing that is signed by the parties or their attorneys. A stipulation will usually state the date by which the defendant must move or otherwise answer the lawsuit. Moreover, the stipulation also usually includes a waiver of defenses or other agreements that are stipulated to between the parties. Depending on the jurisdiction, stipulations may need to be filed with the court, and in other situations, stipulations must be attached to the pleading or motion that is filed to show that the document was not filed late without an agreement to extend the time to answer or otherwise respond to the lawsuit. An experienced litigation lawyer should know the procedures for properly using a stipulation when extending the time to answer a lawsuit.
Time Limit of Typical Extensions
Although the amount of time offered when extending the time to answer a lawsuit varies in different situations, certain guidelines are often used. Most of the time, parties will agree to a first extension of two weeks to one month from the time the party is required to respond. Afterwards, parties usually grant a similar amount of time if the other party is unable to respond by the time originally established between the parties. However, parties do not typically agree to extend the time to answer unless active settlement negotiations are occurring since parties do not wish for litigation to be pending for too long since this can impact the amount of time it takes to reach a resolution.
Limits on Extensions
It is important to note that when extending the time to answer a lawsuit, there may be limits on the amount of time a party is permitted to provide another party to respond to litigation. Courts do not like litigation to be pending for too long, and some court rules may limit the amount of time a party can grant an extension. Although the rules vary jurisdiction to jurisdiction, some court rules only permit parties to provide for an extension of up to sixty days. If parties wish to have more time to respond to litigation beyond this point, they may need to ask the court for permission. Since it is often onerous to request additional time to respond to a lawsuit from a court, parties should try to work within any extension timeframe provided by court rules or the law.
The Rothman Law Firm is experienced in all manner of litigation matters, including extending the time to answer a lawsuit. If you are looking for an experienced lawyer to handle your lawsuit or other legal matter, please feel free to contact The Rothman Law Firm to request a free legal consultation.