Excusable Neglect Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Excusable Neglect, written in plain English, along with examples of how it is used.
What is 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.