310.03(c) Extension of Time to File Answer
The time for filing an answer may be extended or reopened by stipulation of the parties, approved by the Board, or on motion granted by the Board, or by order of the Board. [ Note 1.] See TBMP § 509.
For cases commenced on or after November 1, 2007, the discovery period does not open until after an answer has been filed, and concurrently with the deadline for the mandatory discovery conference. However, for cases filed before November 1, 2007, the discovery period opens before the answer is due. Regardless,due dates for answers to complaints may not be extended beyond the close of the discovery period. Any motion to extend the time to answer beyond the close of discovery, even if consented, will be denied. Thus, any extension request, which would reset the time to answer beyond the date presently set for the close of discovery, must also include a request for an extension of the discovery period.
Please Note: By using ESTTA to file requests for extension of time to file an answer, parties are ensured that any date selected will not be beyond the close of the discovery period. The ESTTA system will prompt the filer to enter new deadlines in a manner that will generate an appropriate schedule in the proper form and will not allow a party to request an extension date that is later than the close of the discovery period.
NOTES:
1. Fed. R. Civ. P. 6(b).