The old 1997 Rules simply states that upon motion and on such terms as may be just, the court may extend the time to plead, without specifying the extended period. This has been revised under the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020. [See also Extension of deadlines for 30 days, counted from 1 June 2020, by reason of GCQ/MECQ]
Motions for extension of time to file a pleading are covered under Rule 11 (“When to File Responsive Pleadings“) of the 2019 Amendments, but it might be more helpful to include the topic in a separate post. The summary of other Rules may be tracked through the Menu.
Under the 2019 Amendments, a defendant may, for meritorious reasons, be granted an additional period of not more than 30 calendar days to file an Answer.
- A defendant is allowed to file only 1 motion for extension of time to file an Answer.
A motion for extension to file any pleading, other than an Answer, is prohibited and considered a mere scrap of paper. The court, however, may allow any other pleading to be filed after the time fixed by the Rules.
In practical terms, this means that for pleadings other than an Answer, motions for extension of time to file will not be allowed, but motion to admit the pleading filed after the reglementary period may be granted. [See also: Rules on Motions]
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