5. If it seems impracticable for me to meet the deadlines set by the court, what should I do to request a time extension?

5. If it seems impracticable for me to meet the deadlines set by the court, what should I do to request a time extension? 

If it becomes impracticable for you to meet the deadlines set by the court, for example, deadlines for crucial documents to be disclosed, you should consider seeking an extension of time before the deadline. It should not be a last-minute action, as an early application to the court facilitates planning and renders it more likely for the court to agree on. 

Before taking out an application for extension of time, it is good practice to also seek the consent of the other side of the proceedings. By drafting a letter to the other party, you should briefly explain the reason for seeking the extension, give a reasonable proposal as to the new timeline, and set a deadline for the other side to give a reply. 

If the parties reach written agreement via correspondence to extend the time for serving, filing, or amending pleadings or other documents, they are not required to apply for the extension via a formal court order. However, it is generally advisable that a consent summons should be signed and filed for the extension so that the court has a record of the parties’ agreement. 

Any variation of a non-milestone date such as the deadline for discovery of documents, filing of expert reports, or exchange of witness statements must also be properly documented by way of a consent summons (Order 25, rule 1B(4) of the Rules of the High Court (Cap. 4A) (“RHC”) or Order 25, rule 3(4) of the Rules of the District Court (Cap. 336H) (“RDC”)). However, the court shall not grant an application to vary a non-milestone date, even with the agreement of all parties, if the variation would make it necessary to change the trial date or the trial period. 

Milestone dates (including the case management conference, pre-trial review, and the trial date or period) are considered largely immovable to ensure a firm pace for litigation. Even if the parties have reached an agreement, the court usually will not vary a milestone date unless there are exceptional circumstances to justify the variation (Order 25, rule 1B(3) of the RHC or Order 25, rule 3(3) of the RDC).