excusable neglect

excusable neglect
excusable neglect n: the failure of a party to follow a required procedure in a timely fashion that results from a circumstance (as an accident) which is considered by the court to be sufficient reason to excuse that party compare unavoidable casualty
◇ Excusable neglect allows a party to seek relief from a default judgment, to file late, or to be granted a deadline extension.

Merriam-Webster’s Dictionary of Law. . 1996.

excusable neglect
n.
Failure to perform the right action at the right time due to unexpected and unavoidable circumstances rather than through carelessness or disregard.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


excusable neglect
A legitimate excuse for the failure of a party or his or her lawyer to take required action on time (like filing an answer to a complaint). This is usually claimed to set aside a default judgment for failure to answer or otherwise respond within the required time period. 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.
Category: Criminal Law
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


excusable neglect
n. An act of neglect that occurs not as a result of a party's fault but due to circumstances beyond his or her control.

Webster's New World Law Dictionary. . 2000.

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 defense.
   See also: default, default judgment

Law dictionary. . 2013.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • excusable neglect — See excusable negligence …   Ballentine's law dictionary

  • excusable neglect — noun law : neglect for which there is a reasonable excuse …   Useful english dictionary

  • excusable — Admitting of excuse or palliation. Justifiable, pardonable, allowable, defensible. Tyler v. Cowen Const., Inc., 216 Kan. 401, 532 P.2d 1276, 1281. As used in the law, this word implies that the act or omission spoken of is on its face unlawful,… …   Black's law dictionary

  • excusable — Admitting of excuse or palliation. Justifiable, pardonable, allowable, defensible. Tyler v. Cowen Const., Inc., 216 Kan. 401, 532 P.2d 1276, 1281. As used in the law, this word implies that the act or omission spoken of is on its face unlawful,… …   Black's law dictionary

  • neglect — May mean to omit, fail, or forbear to do a thing that can be done, or that is required to be done, but it may also import an absence of care or attention in the doing or omission of a given act. And it may mean a designed refusal, indifference,… …   Black's law dictionary

  • neglect — May mean to omit, fail, or forbear to do a thing that can be done, or that is required to be done, but it may also import an absence of care or attention in the doing or omission of a given act. And it may mean a designed refusal, indifference,… …   Black's law dictionary

  • excusable negligence — A paradoxical phrase, since if the failure to exercise reasonable care under the circumstances is excusable, there is no negligence. 38 Am J1st Negl § 12. As the term is used in statutes authorizing the opening of a default and allowing a party… …   Ballentine's law dictionary

  • excuse — ex·cuse 1 /ik skyüz/ vb ex·cused, ex·cus·ing vt 1: to grant exemption or release to excused the prospective juror excused the witness after an hour of testimony 2 …   Law dictionary

  • Motion to set aside judgment — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • Default judgment — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”