Filing A Federal Lawsuit - Time Extension

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Last updated March 22, 2009

Time Extension

Your opponent may ask for a time extension. Properly done, your opponent will come to you first about agreeing to it. You might as well because the court almost always grants the first request for more time.

Before you agree, make sure you opponent tells you when they expect to file. Don't just say yes without getting a time frame. The usual extension is for ten days but they may ask for another 20 days for the answer to the complaint. If you don't get them to specify a date they can ask for 60 days or more saying you agreed. Lawyers will take advantage of you if you let them. To a corporate lawyer, the term "ethical conduct" is found between "deceit" and "falsehood."

After the first time extension they really need a good reason for more time. Resist further attempts politely.

We are not lawyers nor have we received any significant assistance from any lawyers beyond our appeal to the Tenth District, which we won. The information presented here is based upon our experiences in federal court defending and prosecuting claims of trademark infringement and copyright infringement. It is presented to prepare you for what lies ahead should you end up in court. This outline is for those sellers who are thinking about representing themselves, pro se, in a court action. A business cannot represent themselves in federal court but individuals and unincorporated business can. The court rules and the federal rules are written by lawyers for lawyers. We try to put them into plain English here. These pages are not a complete analysis of everything that can happen. These are intended a guide and starting point. Always consult competent legal help.

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