Affidavit Motion for Extension Civil Appeal

Jurisdiction: Country: Canada | Province or State: Nova Scotia

What is an Affidavit Motion for Extension Civil Appeal?

This form is a sworn statement that supports a motion asking the Supreme Court of Nova Scotia for more time in a civil appeal. You use it when you need to extend a deadline in an appeal proceeding before the court. The affidavit sets out the facts in detail. You explain why you need the extension and why the court should grant it. You attach documents that prove your story. You swear or affirm the affidavit before a commissioner of oaths or notary.

Who typically uses this form?

Appellants, respondents, and their lawyers use it in civil appeal matters. You may be a self‑represented litigant appealing a decision to the Supreme Court under a statute. You may be a party responding to an appeal that needs more time to file materials. You may be counsel seeking an extension to file a transcript, an appeal book, or a brief. Businesses, insurers, municipalities, and individuals use this form in appeals that fall within the Supreme Court’s civil jurisdiction.

Why would you need this form?

Civil appeals run on strict timelines. You must serve and file key documents on time. If you miss a deadline, the appeal may stall or be struck. If a deadline is approaching and you cannot meet it despite reasonable efforts, you ask for an extension. This affidavit is how you present the facts behind that request. You show the court you acted in good faith. You explain the delay. You outline any prejudice to the other side. You address the merits in a concise way. You ask for a specific new deadline.

Typical usage scenarios

• You missed the deadline to start an appeal because you did not receive the decision on time. You moved quickly once you learned of the deadline. You now seek an extension to file the notice of appeal.
• You need more time to order or file transcripts. The court reporter faced a backlog. You paid the required deposit. You attach the order confirmation and emails.
• You are waiting for written reasons to finalize your grounds of appeal. You ask for a short extension to file a perfected appeal.
• You had a medical emergency, or a key team member was ill. You show proof and set out how you plan to complete the filing by the new date.
• The parties engaged in settlement talks in good faith. You now need a brief additional time to file your materials if talks fail.
• You seek to extend the time to respond to a notice of appeal or cross‑appeal. You explain why the extra time is reasonable and not prejudicial.

You do not argue the law in this affidavit. You state facts. You attach proof. The judge or justice uses this sworn evidence to decide the motion for an extension.

When Would You Use an Affidavit Motion for Extension Civil Appeal?

Use this form any time you need the Supreme Court of Nova Scotia to extend a civil appeal deadline that applies to you. That can include the time to start an appeal, the time to file or serve the record, the transcript, a brief, or a response. It also covers the time to seek leave to appeal where required, or the time to file a cross‑appeal or motion related to the appeal.

You may be an individual appealing a tribunal decision assigned by statute to the Supreme Court. You may be a small business appealing a contract judgment from a lower court to the Supreme Court under a legislative scheme. You may be a respondent who needs more time to prepare an adequate response. You may be a lawyer with multiple steps due at once who needs a brief extension for a fair hearing.

Here are practical examples. You are the appellant and ordered the transcript within days of filing. The court reporter estimates six weeks, but you had a four‑week filing deadline for your appeal book and brief. You ask for a two‑week extension. You explain the timeline and show the reporter’s estimate. Or consider this. You received the written reasons late because of a service error. You discovered the delay within days and acted immediately. You ask for an extension to start the appeal. You support that with email records and an affidavit of service from the other side, if available. Another example. You are the respondent. The appellant filed a large, complex record. You reasonably need more time to respond. You explain workload, complexity, and the steps you have taken.

You would also use this form after missing a deadline. You explain why you missed it, why the delay is short, and why granting the extension will not harm the other side. You show that your appeal has an arguable basis. You ask the court to regularize the late step and set a new date. The court wants to see diligence, good faith, and concrete plans to complete what remains.

Legal Characteristics of the Affidavit Motion for Extension Civil Appeal

This affidavit is legally binding because it is sworn or affirmed evidence filed with the court. When you sign it, you state under oath that the facts are true. False statements can bring serious consequences. That can include perjury charges or contempt. The court relies on your affidavit when deciding whether to grant the extension. The affidavit itself does not grant relief. It supports your motion. The judge will weigh the evidence and then issue an order.

What ensures enforceability?

You complete the affidavit in the court’s format. You swear or affirm it before a commissioner of oaths, a lawyer, or a notary authorized in Nova Scotia. You attach exhibits that you identify in the text. You serve the affidavit on the other parties in line with the court’s rules. You file it with the court within the required timelines for motions. The court can then hear the motion and issue a written order. Once issued, the order sets the new deadlines and binds the parties.

Courts look at several considerations when deciding extension motions. They consider the length of the delay and the reason for it. They ask whether you intended to move ahead within time. They assess any prejudice to the other party. They consider the overall interests of justice. They also look for a basic showing that your appeal has some merit. You do not need to prove you will win. You should show a reasonable ground. Your affidavit should address each of these points with facts.

Remember key limits. An affidavit should stick to facts within your knowledge. You can include information you believe to be true if you name the source. Avoid argument. Save the argument for your brief or for oral submissions. Attach documents that support your statements. Keep your evidence organized and clear. If you have a lawyer, they will manage the legal framing. If you are self‑represented, focus on the story the judge needs to decide fairness.

How to Fill Out an Affidavit Motion for Extension Civil Appeal

Follow these steps carefully. Write clearly. Use plain language. Number your paragraphs. Keep each paragraph to one point. Attach exhibits that support the facts. Cross‑reference them in the text.

Step 1: Set up the court heading

• Use the court’s standard caption. At the top, write “Supreme Court of Nova Scotia.”
• Add the court file number if one exists. If you are starting the motion within an appeal file, use that number.
• Add the judicial centre (Halifax or the correct location where the appeal is filed).
• Write the style of cause exactly as it appears in the appeal. For example, “Between: [Your full legal name], Appellant, and [Other party’s full legal name], Respondent.”

Step 2: Title of the document

• Title it “Affidavit — Motion for Extension (Civil Appeal).”
• If you are the appellant, note that in the title. If you are the respondent, note that instead.

Step 3: Identify yourself as the deponent

• Start with your name, address, and role in the appeal. Example: “I, [Full Name], of [City], Nova Scotia, am the appellant in this appeal.”
• State that you have personal knowledge of the facts, except where noted.
• If you are the counsel swearing the affidavit, explain your role and how you know the facts. For example: “I am counsel for the appellant. Where stated on information and belief, the source of my information is [name or document].”

Step 4: State the purpose of the affidavit

• Make it clear. Example: “I swear this affidavit in support of a motion for an extension of time to [describe the step, such as file the notice of appeal/file the appeal book and brief/serve the respondent’s brief].”

Step 5: Provide the key timeline

• Set out the original deadline and how it arose. State the date when the clock started, and the date the step was due.
• List the steps you took to meet the deadline. Include dates for ordering transcripts, paying deposits, drafting materials, and contacting the other side.
• If a delay occurred, give a clear, factual explanation. Example: “On [date], the court reporter advised that the transcript would be completed by [date]. A copy of that email is attached as Exhibit A.”

Step 6: Explain the reason for the extension request

• Give a full explanation. Keep it factual. Avoid blaming the other side unless you have proof.
• Common reasons include late delivery of reasons, transcript backlog, illness, family emergency, complex records, or late discovery of an error that needed correction.
• If you relied on settlement discussions, describe the timeline and outcomes. Attach emails or letters showing the discussions, if appropriate.

Step 7: Show diligence and prompt action

• The court needs to see that you acted quickly once you learned of the problem.
• State when you realized you might miss the deadline. Explain what you did immediately after. Example: “On [date], I realized the deadline could not be met. On [next day], I requested consent from the respondent to extend. On [following day], I booked motion dates.”

Step 8: Address prejudice and fairness

• Explain any prejudice to you if the extension is denied. For example, losing the right to appeal or a significant procedural setback.
• Address prejudice to the other side if the extension is granted. Show why any prejudice is minimal or can be managed. Example: “A two‑week extension will not delay the hearing date. The respondent can file its brief on the same schedule.”

Step 9: Summarize the arguable merits

• Provide a short, factual summary of your grounds. Do not argue in detail.
• Example: “One ground of appeal is that the decision applies the wrong legal test for [issue]. A short extension will allow me to finalize the record and brief addressing this error.”
• Attach the decision being appealed as an exhibit if it is not already in the court file.

Step 10: Specify the relief sought

• Ask for clear, specific relief. Example: “I ask for an extension to [date] to file and serve the appellant’s appeal book and brief.”
• If you already missed the deadline, ask that the late step be deemed filed on the date it was delivered, or that the time be extended nunc pro tunc. Keep the language simple if you are self‑represented: “I ask the court to accept the late filing and set the new deadline as requested.”

Step 11: Attach exhibits

• Mark each exhibit with a letter: Exhibit A, B, C, and so on. Initial each exhibit page.
• Typical exhibits include the decision under appeal, proof of the transcript order and deposit, email correspondence with the court reporter, draft materials, delivery receipts, medical notes, or consent from the other side.
• Refer to each exhibit in your text by letter and a brief description.

Step 12: Draft the concluding statement

• Close with a summary that ties the factors together. Example: “The delay is short. I acted promptly and in good faith. The extension will not prejudice the respondent. The appeal has arguable grounds. The interests of justice favour granting the extension.”

Step 13: Swear or affirm the affidavit

• Do not sign until you are before a commissioner of oaths, notary, or lawyer who is authorized.
• Bring government‑issued identification.
• The commissioner will confirm your identity, administer the oath or affirmation, and watch you sign.
• They will complete the jurat. It should show the location and date, and the commissioner’s name and title.

Step 14: Review for accuracy and completeness

• Check names, dates, and file numbers. Ensure the style of cause matches the appeal file.
• Confirm every factual claim has support in an exhibit or in your personal knowledge.
• Make sure every exhibit is legible, complete, and referenced in the text.

Step 15: Prepare related motion materials

• Your affidavit supports a motion. You will also need a notice of motion that states the relief and the legal basis.
• Prepare a draft order that sets out the new deadline. Keep the order simple and precise.

Step 16: File and serve

• Make the required number of copies. Signatures on the original must be wet ink unless the court accepts electronic sworn affidavits. Check that exhibits are attached to each set.
• File your materials with the court registry where the appeal is filed. Pay any motion fee that applies.
• Serve the other parties according to the court’s service rules for motions. Use reliable delivery. Get proof of service.

Step 17: Hearing or determination in writing

• Some extension motions proceed in writing. Others require a short appearance. Follow the court’s directions.
• Bring a copy of the affidavit, exhibits, notice of motion, and draft order to the hearing. Be ready to answer questions about the delay, the timeline, and prejudice.

Practical drafting tips:

• Use clear headings like “Timeline,” “Reason for Delay,” “Prejudice,” and “Relief Sought.”
• Keep paragraphs short and numbered.
• Avoid speculation. Say “I do not know” if you lack a fact.
• If you include information from others, identify the source. Example: “On information and belief, based on the court reporter’s email of [date]…”
• Do not attach unnecessary documents. Focus on items that prove the reasons for the extension and the steps you took.

Examples of effective affidavit language:

• “The deadline to file the appellant’s brief was [date].”
• “On [date], I ordered the transcript and paid the required deposit. A copy of the receipt is Exhibit B.”
• “On [date], the court reporter advised the transcript would be ready on [date].”
• “I realized on [date] that I could not file in time. I immediately requested the respondent’s consent to a one‑week extension.”
• “The respondent will not be prejudiced. The hearing date will remain unchanged.”
• “I believe the appeal has an arguable ground regarding [issue], as outlined in paragraph [x] of the notice of appeal, attached as Exhibit C.”

Signatures and formalities:

• Sign each page in the commissioner’s presence if requested.
• Ensure the commissioner prints their name and title below their signature.
• If you swear on information and belief, include that phrasing in those paragraphs.
• Use black or blue ink if you are signing on paper. Keep the original secure.

Schedules and attachments:

• If you have many exhibits, prepare a schedule listing each exhibit letter with a brief description.
• If you rely on a timeline, consider attaching a single‑page chronology as an exhibit. Keep it accurate and concise.
• If you reference correspondence, include only the relevant parts. Highlight key dates.

After filing:

• Track the new proposed date. Prepare your materials to meet it. Do not assume an extension until the court grants it.
• If the other side consents, say so in the affidavit and attach their written consent. Consent helps but does not replace the court’s decision.
• If circumstances change, inform the court and the other side promptly. File an updated affidavit if needed.

By following these steps, you give the court what it needs to decide fairly. You show diligence, good faith, and a concrete plan. You keep the focus on facts and timelines. You ask for a precise extension that fits the needs of the appeal without harming the other side. This approach increases your chance of a smooth, timely order from the Supreme Court of Nova Scotia.

Legal Terms You Might Encounter

• Affidavit: This is your written evidence. You swear or affirm that it is true. The affidavit supports your motion for more time. You explain the delay, your efforts, and why more time is fair. Attach documents that prove your statements.
• Deponent: This is you, the person swearing the affidavit. You confirm facts from your own knowledge. If you rely on information from others, you state the source. You take an oath or affirmation before an authorized official.
• Motion: A motion is a formal request for a court order. Here, you ask for an extension of time in your appeal. Your affidavit gives the facts for the judge to consider. The motion and affidavit work together.
• Extension of Time: This is the order you want. It gives you new deadlines for appeal steps. You must show why the original deadline could not be met. You also explain what you will do next and when.
• Appeal: An appeal asks a higher court to review a lower decision. It has strict steps and deadlines. Your affidavit explains how the delay affects those steps. You show that your appeal still has a real path forward.
• Service: Service means giving the other side your motion materials. You follow the required method and timeline. Your affidavit often explains who you served and how. You then file proof of service.
• Filing: Filing means submitting your materials to the court registry. You meet formatting and fee rules. Your affidavit forms part of the motion record. Keep stamped copies and payment receipts.
• Exhibits: Exhibits are documents attached to your affidavit. Label each one clearly. Refer to each exhibit in the body of your affidavit. Use exhibits to prove dates, communications, and reasons for delay.
• Draft Order: This is a proposed order you prepare for the judge. It sets out the new deadlines you seek. Attach it to your motion materials. The court may sign it with or without changes.
• Prejudice: Prejudice means unfair harm to a party if the extension is granted or denied. Address it directly in your affidavit. Explain how any harm can be reduced. Offer practical fixes, like costs or tighter timelines.

FAQs

Do you need permission before asking for an extension?

No. You bring a motion and explain your reasons. The judge decides. You must show a solid reason for the delay. You should also show that your appeal remains active and organized. Attach proof where you can.

Do you file the affidavit before or after you get a hearing date?

You usually file the motion and affidavit first. The registry then gives you a return date or process. Some motions proceed in writing. Ask the registry how scheduling works for your file. Plan for service deadlines.

Do you need to serve the other party?

Yes. Service lets the other party respond. Use a method the rules allow. Serve all parties of record. File proof of service. If you need short notice, say why. Be ready to show that no one is unfairly surprised.

What if your deadline has already passed?

You can still ask for an extension. Explain the missed deadline in detail and provide proof. Show you moved quickly once you found the problem. Propose new dates that are realistic. Judges look closely at your reasons and conduct.

How much time should you request?

Ask only for the time you truly need. Explain your plan to meet each new step. Break down tasks and dates. Show how you will avoid another delay. Courts prefer focused, practical timelines over broad requests.

Do you need a draft order?

It helps. A draft order shows the exact relief you seek. Include each new deadline and any related directions. Clear wording makes the judge’s job easier. It can speed up the process if approved.

What evidence should you include in the affidavit?

Include facts that prove dates and efforts. Attach emails, letters, courier slips, and calendar entries. Add medical or technical records when needed. Keep exhibits clear and legible. Label them so the judge can find them fast.

Can the other side consent to your extension?

Yes. If they consent, say so in your affidavit. Attach written consent if you have it. Consent helps but does not replace the judge’s role. The court must still make an order. Ask for the exact terms both sides accept.

Do weekends and holidays count in your timelines?

That depends on how deadlines are calculated. The rules explain how to count days. If a deadline falls on a weekend or holiday, timing may shift. State the dates you used. Keep your math simple and clear.

Do you need to explain the strength of your appeal?

You may address it briefly. You do not argue the whole case in this motion. You can show that the appeal is not hopeless. Point to key issues or errors. Keep the focus on timing and fairness.

Checklist: Before, During, and After the Affidavit Motion for Extension Civil Appeal

Before signing:

• Your file number and full style of cause.
• The original deadline that you missed or will miss.
• A timeline of events causing the delay.
• Emails, letters, and courier or delivery records.
• Calendar entries and call logs showing efforts to meet deadlines.
• Any medical, technical, or personal documents that explain the delay.
• A summary of prejudice and how to reduce it.
• Proposed new deadlines with a realistic plan to meet them.
• Written consent from other parties, if available.
• A draft order with specific new dates.
• A service list with current addresses and emails.
• Copies of prior orders and key appeal steps taken.
• Proof of fee payment method and registry requirements.
• Clean, legible exhibits with labels and page numbers.

During signing:

• Confirm your name, address, and contact details.
• Confirm the court file number and parties’ names.
• Check each date and timeline for accuracy.
• Ensure every exhibit is marked and referred to in the text.
• Use clear, factual statements. Avoid opinions.
• State the source for any information not from your own knowledge.
• Sign only before an authorized official.
• Ensure the jurat is complete with date, location, and the official’s details.
• Initial all exhibit stamps and any corrections.
• Keep copies of the signed affidavit and exhibits.

After signing:

• Assemble the motion record as required.
• File the motion, affidavit, exhibits, and draft order.
• Pay the filing fee and keep proof of payment.
• Obtain a return date or scheduling confirmation.
• Serve all parties with filed materials and the hearing date.
• File proof of service within the timeline.
• Prepare a concise outline of your key points.
• Bring spare copies for the judge and parties at the hearing.
• Update your calendar with new steps and deadlines.
• Store the original affidavit safely for your records.

Common Mistakes to Avoid Affidavit Motion for Extension Civil Appeal

• Leaving out the reason for the delay: If you do not explain the delay, the judge has no basis to extend time. Don’t forget to give dates, efforts, and proof. Consequence: your motion may be dismissed.
• Asking for vague or long timelines: Broad or open-ended requests raise concern. Don’t forget to propose specific, short periods linked to tasks. Consequence: your request may be narrowed or refused.
• Missing exhibits that prove key dates: Bare statements carry less weight. Don’t forget to attach emails, tracking records, and calendars. Consequence: weak evidence can sink your motion.
• Serving late or not at all: Service errors delay the hearing. Don’t forget to serve all parties and file proof of service. Consequence: adjournment, extra costs, or dismissal.
• Improper commissioning: An unsigned or improperly sworn affidavit is defective. Don’t forget to sign before an authorized official and complete the jurat. Consequence: rejection at filing or on the hearing day.

What to Do After Filling Out the Form Affidavit Motion for Extension Civil Appeal

1. Finalize your affidavit package. Confirm all exhibits are complete and readable. Check the draft order for precise dates. Ensure your service list is current. Keep both electronic and paper copies.
2. File your motion materials with the registry. Ask for any formatting or binding rules. Pay the fee and keep the receipt. Get your hearing date or written schedule. Note any deadlines for serving materials.
3. Serve the other parties with your filed package. Include the hearing date and any schedules. Use a method allowed by the rules. File proof of service on time. Keep delivery confirmations and affidavits of service.
4. Prepare for the hearing. Draft a short outline with facts, reasons, and requested dates. Organize exhibits by tab and page number. Be ready to address prejudice and propose cures. Bring spare copies for everyone.
5. Attend the hearing and ask for the order. Speak to your timeline, efforts, and plan. Stay focused on the relief you seek. If the court gives directions, write them down exactly.
6. Obtain the signed order. Follow any steps to have the order issued and entered. Confirm the final wording against your draft. If the court changed dates, update your plan.
7. Serve the entered order to all parties. File proof of service if required. Update your calendar with the new appeal deadlines. Start meeting the first deadline right away.
8. If new facts arise, consider a supplementary affidavit. Ask for permission when needed. Keep changes narrow and relevant. Serve and file any updates promptly.
9. Store your materials safely. Keep the original affidavit and stamped copies. Keep proof of service, fee receipts, and the entered order. Maintain both digital and paper files.