ACOA: Rule 6(b)(1) Does Not Require Ruling on Answer Time Extension Before Time Expires

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.