Also known as:enlargements of time · enlarge time · enlarging the time · extension of time · enlargement of time limit
Written by attorneys · grounded in primary & secondary sources — see below
A court-ordered extension of the time allowed to perform an action, especially a procedural one.
Sources & Authorities
How it applies
Common Examples
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Holdover Tenant Seeks Vacate Extension
Empire Logistics remained in possession of a warehouse after its lease with Ezra Eastman expired. No incoming tenant had yet taken over. Ezra petitioned the court claiming equitable considerations justified a brief delay in removal. The court granted an enlargement of time allowing Empire to vacate within thirty days without creating a new tenancy term.
Mortgage Redemption Period Extended
Eugene Ellsworth faced foreclosure on his home during an economic crisis. The state court extended the statutory redemption period by several months to prevent immediate loss of the property. Home Building & Loan challenged the extension as impairing its contract rights under the mortgage.
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
Restatements
Dictionaries
Home Building & Loan Association v. Blaisdell290 U.S. 398, 54 S.Ct. 231, 78 L.Ed. 413 (1934)
Protest Time Extended in Mall
Emanuel Escobar sought to distribute leaflets in a privately owned shopping center. The owner moved to enjoin the activity. The court enlarged the time for filing a response brief so Escobar could gather evidence on whether the center functioned as a public forum.
Lloyd Corp. v. Tanner407 U.S. 551 (1972)
Hatch Act Challenge Filing Deadline
Ewan Eckhart, a federal employee, wished to challenge restrictions on political activity. He requested additional time to prepare his complaint after the statutory period had begun to run. The court considered whether an enlargement of time would permit the suit to proceed without violating the governing statute.
United Public Workers v. Mitchell330 U.S. 75 (1947)
Contract Modification Response Time
Enigma Technologies demanded higher prices from Eastern Electric under threat of breach. Eastern requested an enlargement of time to locate an alternative supplier before responding to the demand. The court evaluated whether the extension prevented a finding of economic duress.
Eva Espinosa obtained a writ of replevin without bond against Echelon Security. The defendant sought additional time to post a counterbond. The court granted an enlargement of time within which the counterbond could be filed without immediate return of the seized property.
Fuentes v. Shevin407 U.S. 67 (1972)
Common questions
Frequently Asked
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When may a court grant an enlargement of time in a holdover tenancy dispute?+
A court may grant an enlargement when equitable considerations justify allowing the tenant additional time to vacate and the tenant actually leaves before the extended period expires. The landlord or incoming tenant otherwise retains the option to bind the holdover to a new term.
Supporting sources
Does an enlargement of time affect the running of the statute of limitations in probate elections?+
An enlargement of time for a surviving spouse to elect against a will or nonprobate transfers suspends the usual nine-month period when cause is shown and interested parties receive notice of the petition.
Supporting sources
Can a defendant obtain an enlargement of time by appearing solely to request it?+
A defendant who appears only to request an enlargement of time to respond to a complaint submits to jurisdiction, though courts often limit the jurisdictional effect if the defendant shows no intent to submit generally.
Supporting sources
How does an enlargement of time interact with tender of payment under the UCC?+
When a seller demands payment in legal tender, the buyer receives any extension of time reasonably necessary to procure it, satisfying the tender requirement if made in a commercially current manner.
Supporting sources
504 U.S. 555 (1992)Constitutional Law
…entered a formal appearance before the District Court on behalf of AID. On at least one occasion petitioner requested an extension of time to file a brief, representing that " [a]n extension is necessary for the Department of Justice to consult with . . .the Department of State [on] the brief.' " See Brief for Respondents 31,…