[Your Name] [Your Address] [City, State, ZIP] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: Motion to Extend Time for Service of Process in [Case Name] Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to bring your attention to an urgent matter regarding the above-mentioned case. I represent [Your Client's Name], the plaintiff in this matter. Furthermore, I regret to inform you that due to unforeseen circumstances and certain logistical challenges, service of process has proven to be more time-consuming than initially anticipated. Consequently, we find ourselves requiring additional time to properly serve the defendants in this case. As such, we kindly request an extension to the time frame for serving process upon the defendants, as set forth in [Rule or Code Section] of the New York Rules of Civil Procedure. We believe that this request is reasonable given the circumstances and in the interest of justice. While we understand that extensions are not typically granted without substantial cause, we firmly believe that the following compelling reasons warrant an extension in this particular case: 1. Complex Defendant Identification: Our investigation has revealed that some defendants in this case are difficult to locate, requiring extensive efforts to ascertain their accurate addresses. We have undertaken diligent search efforts, including but not limited to employing professional skip-tracers and conducting multiple property searches. 2. COVID-19 Restrictions: Since the outbreak of the ongoing pandemic, there have been numerous restrictions and limitations on personal contact, making it significantly more challenging to locate and serve the defendants in a timely manner. These government-imposed restrictions have greatly hindered our ability to serve process promptly. 3. Volume and Complexity of Case: This lawsuit involves multiple defendants and intricate legal issues. The expansive nature of the case, along with the preparation of necessary supporting documentation and pleadings, has impacted our ability to finalize the service of process within the designated time frame. 4. Diligent Efforts to Serve: We assure you that we have been fervently working to pursue service upon the defendants, and we are committed to completing the process as expeditiously as possible. Our ongoing efforts demonstrate our dedication to upholding the principles of due process and ensuring that all parties have ample opportunity to participate fully in this litigation. In light of the circumstances detailed above, we respectfully request an extension of [number of days requested] days to complete the service of process upon the defendants. We believe that granting this extension will uphold the principles of fairness and justice, allowing both parties to fully participate in the proceedings. Attached herewith, please find supporting documentation that substantiates our efforts thus far, including copies of affidavits of due diligence and any other relevant information. We trust that these documents will assist you in comprehending the challenges we have faced during this process. We kindly request prompt consideration of this motion, as time is of the essence. Furthermore, we are open to discussing any concerns or alternative arrangements you may propose to expedite the service of process while ensuring proper compliance with all legal requirements. Thank you for your attention to this matter. We anticipate a favorable response and a mutually agreeable resolution. Please feel free to contact me at [Your Phone Number] or [Your Email Address] should you have any inquiries or require further clarification. Yours sincerely, [Your Name] [Your Law Firm Name, if applicable] [Your Law Firm's Address, if applicable] [City, State, ZIP]
New York Sample Letter for Motion to Extend Time for Service of Process
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How to fill out Sample Letter For Motion To Extend Time For Service Of Process?
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FAQ
This stipulation to extend time is a standard form that attorneys can use to extend most deadlines in Florida state courts. The stipulation extends the applicable deadline on consent without prior permission from the court.
If the court has not already granted an application to extend the time to file your brief, the parties may stipulate to extend the briefing time for up to 60 days for each type of brief by filing one or more stipulations in the Court of Appeal before the brief is due. (CRC rule 8.212(b).)
If the court has not already granted an application to extend the time to file your brief, the parties may stipulate to extend the briefing time for up to 60 days for each type of brief by filing one or more stipulations in the Court of Appeal before the brief is due. (CRC rule 8.212(b).)
Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
In litigation, a stipulation generally means an agreement between opposing parties concerning a relevant point. Furthermore, in a judicial proceeding, a stipulation is binding without consideration. In admiralty practice, we can define stipulation as a recognizance like a bail for the appearance of a defendant.
Your request via email and/or letter will need to include the original filing dates, new proposed filing dates, the number of previous requests (if any), and whether the other party consents to the extension. Email a copy of the letter you file to the other party (usually it's an attorney).
The stipulation should contain all the terms of the agreement, including the name of the case, the Index Number and a statement that both parties agree that the Defendant has asked for and been given an extension of time to serve his/her answer or to make a motion concerning the complaint and that the new deadline is ...
For example, if the defendant is charged with murder and he admits that his victim was murdered and was lying on the ground in the kitchen and the prosecutor goes forward with presenting photographs of the victim, an appellate court may find that the trial court erred in admitting the photographs because the defendant ...
