Excusable neglect

What excusable neglect means

In short, excusable neglect is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where excusable neglect comes up

For example, the term appears in these procedures:

• Motion for Extension of Time (Fed. R. Civ. P. 6(b)): a request for more time to do something the rules or a court order require.
• Motion for Relief from a Judgment or Order (Fed. R. Civ. P. 60(b)): a motion asking the court to relieve a party from a final judgment, order, or proceeding for one of the reasons listed in Rule 60(b).

How to research the term

Start with the primary source. For example, if excusable neglect appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read excusable neglect in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Continuance: postponement of a hearing, trial or deadline.
• Judgment: the court's final decision determining the rights of the parties.
• Vacate: to cancel or set aside a judgment or order.
• Void judgment: a judgment entered without legal power to enter it. Federal Rule of Civil Procedure 60(b)(4) lists a void judgment as a ground for relief.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.