---
kind: "section"
citation: "43 C.F.R. § 4.106"
title: "43"
number: "4.106"
heading: "Extension of time."
url: "https://uscodex.org/cfr/43/4.106"
---

# §4.106. Extension of time.

- (a) **Scope.** A party may request an extension of time for filing a document, other than a notice of appeal or a document initiating the proceeding, by filing and serving a written motion.
- (b) **Timing.** A motion for an extension of time must be filed no later than the day before the document is due, absent a showing of compelling circumstances.
- (c) **Good cause.** A motion for an extension of time must demonstrate good cause.
- (d) **Duty to confer.** Prior to filing a motion for an extension of time, the moving party must make a reasonable effort to contact each party to determine whether an agreement can be reached regarding the requested extension. In the motion, the moving party must state:
  - (1) Whether any other party agrees to all, or part, of the relief requested;
  - (2) Whether any other party objects to all, or part, of the relief requested; and
  - (3) **Any steps taken to contact a party it was unable to reach.**
- (e) **Inaction.** If the ALJ does not act on the motion before the document is due, the document must be filed no later than 7 calendar days after the original due date, unless the ALJ orders otherwise.

## Notes

### Source

Source: 90 FR 2395, Jan. 10, 2025, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.