The Bennett Case

Assignment 5: Responding to Defense Requests

Assume that your office was contacted by the counsel who was recently retained to represent defendant Rikards-Hayley. The answer is due to be filed in four days, and they need more time to prepare their response. They would also like to enter into an agreement that all further papers can be served either by e-mail or by fax. Your supervising attorney has agreed to give the defense a 20-day extension for the answer. The attorney is also agreeable to electronic service of documents so long as the defense also agrees to that. You are to draft a proposed stipulation addressing these two matters.

Form 5F:5 Agreed Motion to Extend Time

{CAPTION - FORM1B:1}

AGREED MOTION TO EXTEND TIME FOR {PARTY} TO RESPOND TO{IDENTIFY INSTRUMENT}

Plaintiff and defendant file this agreed motion to extend time, as authorized by Federal Rule of Civil Procedure 6(b).

A. Stipulation

1. Plaintiff is {name}; defendant is {name}.

2. Plaintiff sued defendant for {state basis of suit}.

3. {Explain the circumstances that triggered the act the party must perform, e.g., the Court ordered party to file a memorandum of law.}

4. {Party} {is/was} required to {specify required act} by {date}. {Party} {is/was} unable to {specify required act} by the deadline because {specify reasons for delay}.

5. Therefore, the parties have agreed that {party} may have until {date} to {specify required act}.

B. Conclusion

6. For these reasons, the parties ask the Court to extend the time to {specify required act} until {date}.