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excusable neglect |
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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 show he/she had some worthwhile defense. (See: default, default judgment) |
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State law says prosecutors can file the same charges only twice against a defendant, unless one of the first two attempts is found to be excusable neglect. They included agreements for the Housing Court to require rent deposits, to keep trial-proceeding tapes for at least two years, to provide spaces for excusable neglect in show-cause forms and to eliminate delays in issuing eviction warrants. Michael Flanagan, moved to dismiss the charges on the grounds that it was a third filing and no excusable neglect was involved, but Judge Pamela Rogers denied his motion. |
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excusable neglect
