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9. Motion for an extension, continuance, or stay

  1. Filing appropriate motion. 
    In CRD cases, an extension of time refers to resetting the date on which a submission is due; a continuance refers to resetting the date or time on which an event, such as a hearing or a prehearing conference, is to take place; and a stay (of proceedings) refers to the suspension of all due dates for submissions or events.  A party desiring an extension of time, a continuance, or a stay, must file a motion (a joint motion may be filed), in proper format, that:
    1. states good cause,
    2. indicates that the movant has contacted opposing counsel, or the unrepresented party, and
    3. states whether the opposing party consents, does not oppose, or objects to the motion.
  2. Formal motion required. 
    A party (or parties) requesting an extension, continuance, or stay must file a motion in writing.  Unless permitted by the ALJ in a specific case, informal requests for an extension or a stay made by phone or e-mail to the staff attorney are not permitted and will not be granted.
  3. No automatic extensions, continuances, or stays. 
    Filing a motion, including a joint motion or an unopposed motion, does not automatically extend any deadlines or stay any action that has been previously scheduled.
  4. Established deadline controls if no ALJ order. 
    If no order is issued granting an extension, continuance, or stay prior to a deadline or scheduled date, the party or parties must comply with the established deadline.  The assigned staff attorney may communicate an ALJ’s order to the parties.  If a party fails to obtain an extension of time to meet a requirement before the time expires, then the party must file a motion for leave to complete the action “out-of-time,” stating good cause for having failed to timely comply.
Content created by Departmental Appeals Board (DAB)
Content last reviewed on December 16, 2014