Legal Definitions - excusable neglect

Excusable neglect is a legal term that refers to situations where a party misses a deadline or makes a mistake due to circumstances beyond their control. This can include things like forgetting, making a clerical error, or experiencing an unexpected event that prevents them from meeting a deadline.

When a court finds that neglect was excusable, it may allow a party to file a motion or amend their pleadings after the deadline has passed. However, the court will consider several factors before making a decision, including:

• The potential impact on the other party
• The reason for the delay
• Whether the party acted in good faith

For example, if a lawyer misreads a filing date and misses a deadline, the court may find that the neglect was excusable and allow the party to file the motion late. However, if a party simply forgets to file a motion and shows no effort to correct the mistake, the court may not find the neglect excusable.

It's important to note that clients are responsible for their lawyer's actions, so if a lawyer's neglect is found to be inexcusable, the client may still face consequences.

Overall, excusable neglect is a way for parties to correct mistakes or oversights that were not their fault, but it is not a guarantee that the court will allow them to do so.