Dictionary of Law
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excusable neglect :: legal definition


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.

See also: default default judgment and Related Law Terms ↓


Related Law Terms

acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
admission to bail :: n. an order of a court in a criminal case allowing ... lient. See also: bail bail bondsman
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
confession :: n. the statement of one charged with a crime that ... Miranda warning self-incrimination
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judgment :: n. the final decision by a court in a lawsuit, cri ... ous with judgment. See also: decree
judgment by default :: n. See also: default judgment ... n. See also: default judgment
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
kangaroo court :: n. 1) a mock court set up without legal basis, suc ... See also: star chamber proceedings
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
modification :: n. a change in an existing court order or judgment ... terms of child support and custody.
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss.
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
set aside :: v. to annul or negate a court order or judgment by ... "set aside" the original dismissal.
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summons :: n. a document issued by the court at the time a la ... use service service of process writ
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - E

earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages.
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
egress :: n. way of departure. A word usually used in conjun ... unction with "access" or "ingress."
EIR :: n. popular acronym for environmental impact report ... e also: environmental impact report
ejectment :: n. a lawsuit brought to remove a party who is occu ... o the property through her parents.
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
elder law :: n. a specialty in legal practice, covering estate ... t field. (definition revised: 9/02)
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
election under the will :: n. in those states which have statutes which give ... arries) left to her under his will.
eleemosynary :: (eh-luh-moss-uh-nary) adj. charitable, as applied ... pplied to a purpose or institution.
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support.
embezzlement :: n. the crime of stealing the funds or property of ... in trust. See also: embezzler theft
embezzler :: n. a person who commits the crime of embezzlement ... r property of an employer or trust.
emblements :: n. crops to which a tenant who cultivated the land ... ome the property of his/her estate.
emergency :: n. a sudden, unforeseen happening which requires a ... r to protect lives and/or property.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
emolument :: n. salary, wages and benefits paid for employment ... d for employment or an office held.
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment