The Logan Centers, Inc. v. Walker, 2015 Ark. App. 687.
Prior to the expiration of time to file its answer, defendant filed a motion for extension of time. Defendant attached affidavits in support of the motion.
Circuit court denied the motion holding that the motion was not presented to the court nor was a ruling requested prior to the answer time expiring. Circuit court also held that the motion lacked credible evidentiary proof.
Court of appeals reversed holding that Rule 6(b)(1) does not require a request for trial court ruling prior to the answer time expiration.
It also held that no evidentiary hearing is required. Normally, such a motion should be granted in the absence of bad faith or prejudice to the adverse party.