In what circumstances will the court grant an extension of the time to file a post-trial motion?

MultiRegion, United States of America

The following excerpt is from Rodick v. City of Schenectady, 1 F.3d 1341 (2nd Cir. 1993):

The court rejected the argument that these mistakes were the product of haste necessitated by the new counsel's late entry into the case and the impending expiration of the time limit for post-trial motions, stating that "the court would have granted an extension of the time to file motions had counsel so requested." As discussed above, the district court lacked jurisdiction to grant any such extension. While we do not suggest, and in fact affirmatively reject, the notion that filing deadlines can serve as an excuse for shoddy pleading, we are concerned that the district court's misunderstanding of its ability to extend the time limits may have infected its determination of the quality of the motion. We also note that the flaws cited by the district court were contained in the affidavits of the individual officers. Where an attorney is forced to plead under exigent circumstances, her reliance on the affidavits of her clients should be sufficient to constitute reasonable investigation for purposes of Rule 11. Hamer v. Career College Ass'n, 979 F.2d 758, 759 (9th Cir.1992).

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