Rule 1.443.Enlargement; additional time after service
Division IV: Pleadings and Motions · Last amended February 1, 2003 · Last verified July 15, 2026
Full Text of Rule 1.443
Plain-English Summary
Rule 1.443(1) gives courts two different levels of flexibility depending on timing. Before a deadline expires, the court can enlarge the period for cause shown, with or without a motion or notice, so long as the request comes before the original period (or a previously extended one) runs out. After the deadline has already passed, the court can still permit the act to be done, but only on motion showing the failure to act was the result of excusable neglect. The rule carves out an important limit: the court can't extend deadlines tied to a bill of exceptions, a judgment notwithstanding the verdict, or a new trial, except to the extent Rule 1.1007 allows.
Rule 1.443(2) adds a modest cushion for anyone served by mail, email, or fax: when a party must act within a period measured from service of a notice or paper delivered that way, three days get added to the deadline. That extra time doesn't apply if the court has already prescribed the method of service and the number of days to be given, or if the deadline runs from the entry or filing of a judgment, order, or decree rather than from service itself.
Frequently Asked Questions
Can a court extend a filing deadline after it has already passed?
Yes, but only on motion, and only where the failure to act was the result of excusable neglect.
What must I show to get a deadline extended after it has expired?
That your failure to act within the original period was the result of excusable neglect.
Are there deadlines this rule says a court cannot extend?
Yes. The court can't extend the time for taking action on a bill of exceptions, a judgment notwithstanding the verdict, or a new trial, except as Rule 1.1007 allows.
Do I get extra time if I was served by mail instead of in person?
Yes. Rule 1.443(2) adds three days to a deadline measured from service by mail, email, or fax.
Does the three-day mail rule apply to a deadline that runs from when a judgment was entered?
No. The rule specifically excludes deadlines that run from the entry or filing of a judgment, order, or decree, since those don't depend on when service was made.