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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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The Second District denied the request of an appellant on the basis that its request was one day late as a result of excusable neglect in Cann v.
The bill would allow employees to exceed that 15-day time limit if the failure to contest results from "mistake, inadvertence, surprise, or excusable neglect.
 
 
 
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