Time extension for defence or witness statement

Hello there. Yes, you can get extra time to file a defence or a witness statement, but how you go about it depends on whether the other side agrees and whether the deadline has already passed.

It is almost always better to try and agree on an extension with the other party first, rather than going straight to the court.

The easier way: agreeing with the other side:

For a defence, the court rules allow you and the claimant to agree an extension of up to 28 days. You do not need the court's permission for this, but you must notify the court in writing. This is usually done by sending the court an email or a letter with a copy of the written agreement from the other side.

For witness statements, you can also generally agree an extension with the other side. However, the court will only allow this if your agreed delay does not put the trial date, or any hearing date, at risk.

If you have to ask the court:

If the other side refuses to give you more time, or if you need more than the 28 days you can agree for a defence, you will have to make a formal application to the court.

You do this by filling out an application notice, known as form N244. You will need to briefly explain why you need the extra time and provide evidence if you can, such as a doctor's note if you have been unwell. There is a court fee for making this application.

The court will look at your reasons. They are more likely to agree if you have a genuine excuse and you are asking before the deadline runs out, but there is never a guarantee they will say yes.

If the deadline has already passed:

Things are much stricter if you have already missed the deadline. You will need to apply to the court to excuse the delay. The court relies on a strict test for this. They will want to know if the delay is serious, why it happened, and all the surrounding circumstances of the case. It is much harder to get extra time once the clock has run out, so you should always act before the deadline.

Practical next steps:

1. Contact the other side as soon as possible. Explain briefly why you need more time and ask if they will agree to a short extension.

2. If they agree, make sure you get their agreement in writing, such as in an email. A phone call is not enough.

3. For a defence, notify the court in writing that an extension of up to 28 days has been agreed and include a copy of the other side's written agreement.

4. If the other side refuses, or if you need more time than the rules allow you to agree, download and fill in form N244 right away to ask the court for an extension. Submit this before your original deadline passes.

If you have your case details, the specific deadlines you were given, and any correspondence with the other side, gathering those together will make dealing with this much easier. Let me know if you need a hand understanding what to put on the application form.