For example, in California, a reasonable mistake of misconception or mistake of law can be considered excusable neglect and provide relief from judgment. Some jurisdictions have their own schemes for deciding when a judgment should be set aside due to excusable neglect. Whether a meritorious defense is presented.Whether setting the judgment aside would prejudice the opposing party and.Whether the party's default was willful.Under Rule 60(b)(1), a federal court may set aside a default judgment if it resulted from excusable neglect by considering: 380 (1993).įederal Courts also allow parties to amend their pleadings ( Rule 13(f)) or allow courts to revisit their judgments ( Rule 60(b)(1)) should excusable neglect be found. The Supreme Court has held that indifference to the motion's deadlines is inexcusable (see: Pioneer Investment Services Co. Whether the movant acted in good faith.The length of the delay and its potential impact on judicial proceedings.The danger of prejudice to the nonmoving party.However, courts also particularly look to: For example, clerical errors, like a misreading of the filing date, have been considered excusable. In determining whether the neglect is excusable, courts take a flexible approach and consider all relevant circumstances. In other words, clients are held accountable for the acts and omissions of their attorneys. It is worth noting that the litigant and their attorney's conduct are considered as joint when deciding whether the neglect was excusable. A court has the discretion to allow a party to file a motion after the deadline if it finds excusable neglect. Excusable neglect is a term associated with legal proceedings, notably in bankruptcy cases, that includes inadvertence, mistakes, carelessness, or any other intervening circumstances beyond a party's control.

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