Deadlines in Civil Litigation: Toward a More Equitable Framework for Granting Extensions

This Note proposes reforms to federal rules of procedure governing deadline extensions in civil litigation. Civil Rule 6(b)(1)(B), a representative example, allows deadline enlargements after a party files a document late, provided that the litigant “failed to act because of excusable neglect.” Unfortunately, courts interpret “excusable neglect” inconsistently and some circuits construe it narrowly. This allows judges to dismiss meritorious cases and bar appeals even when extending deadlines would not prejudice other parties or harm the proceedings. A more equitable framework would channel judicial discretion and encourage courts to resolve cases on the merits rather than on missed due dates.