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2) If the Plaintiff will not agree to the extension, the Defendant can ask the court for an extension using one of two procedures (A or B) outlined below. Any affidavit supporting a motion must be served with the motion.However, upon discovering that a deadline was missed, file your Rule 6 or Rule 60 motion as soon as possible. (3) Time to Answer After a Waiver. An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. As one example, the study recorded a total of 1899 motions to. A motion is a paper you can file in your case. It asks the court to decide something in your case. (d) Extension of Time to File Petition. (d) Extension of Time to File Petition.