Define: Excusable Neglect

Excusable Neglect
Excusable Neglect
Quick Summary of Excusable Neglect

Excusable neglect refers to a legal doctrine that allows for the forgiveness of missed deadlines or failures to act due to circumstances that are considered reasonable and justifiable. It is often invoked in legal proceedings when a party fails to meet a deadline or fulfil an obligation, but can provide a valid explanation for the oversight, such as illness, family emergency, or misunderstanding of legal requirements. Courts may grant relief from the consequences of such neglect if they determine that the circumstances warrant leniency and that no prejudice would result from granting the relief.

What is the dictionary definition of Excusable Neglect?
Dictionary Definition of Excusable Neglect
n. a legitimate excuse for the failure of a party or his/her lawyer to take required action (like filing an answer to a complaint) on time. This is usually claimed to set aside a default judgment for failure to answer (or otherwise respond) in the period set by law. Illness, press of business by the lawyer (but not necessarily the defendant), or an understandable oversight by the lawyer's staff ("just blame the secretary") are common excuses which the courts will often accept. However, if the defendant loses the complaint or fails to call his/her attorney the courts will be less lenient. In any event, the defendant must also show he/she had some worthwhile defence.
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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.

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