Are you kidding me? Not even a one-day extension!” I emailed two adversaries recently. I’ll withhold their names, but I really should expose them. Should an attorney in this day and age ever refuse an adversary’s request to adjourn a motion filing, oral argument, deposition, trial, or any court or privately imposed deadline? Should a judge, mediator, or arbitrator similarly refuse such a request? The simple answer is no, it depends, or yes—and in that order.
An advocate or judge is justified in denying a request, as a matter of course, if it will cause extreme and irreparable harm to a litigant’s case or the administration of justice. It should be a rare situation because adjournments usually are conditioned upon a stipulation that any relief sought will be retroactive to the original filing date.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
