The judge denied the motion, holding that the lawyer waited too long to file it and had not shown
excusable neglect.
7 (b) may be extended upon a showing of
excusable neglect under Minn.
11) In one case, the court even found that grief over the decedent's death might contribute to a finding of
excusable neglect.
81) The court based its holding on Rule 6(b), which gives a trial court the discretion to accept untimely affidavits under circumstances demonstrating that
excusable neglect was the reason for the late submission.
It often is observed that mistake, inadvertence,
excusable neglect, surprise, newly discovered evidence, fraud, or misrepresentation are relevant in determining whether good cause has been shown, as in New Hampshire Ins.
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.
THE KMART RULING AND A CREDITOR'S
EXCUSABLE NEGLECTThigpen was able to get the default judgment set aside--not canceled--on grounds of
excusable neglect and mistaken identity, thereby blocking the wage garnishment until the mother and child settled the question once and for all by checking their DNA against Pierce's.
While tolling of statutes of limitations against the government is permissible, the courts have not accepted "a garden variety claim of
excusable neglect.
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.
The bill would allow employees to exceed that 15-day time limit if the failure to contest results is from "mistake, inadvertence, surprise, or
excusable neglect.
