Excusable neglect

Excusable neglect is a legal concept for allowing papers to be filed after a deadline. Factors to be considered include the possibility of harm to the other side resultant fro the delay, the length of the delay, the impact of the delay on the court proceedings, the reason for the delay, and whether person who had the delay was acting in good faith. See, e.g., Hannan v. Auto-Owners Ins. Co., 2014 U.S. Dist. LEXIS 146013, *3 (E.D. Mo. Oct. 14, 2014).

These elements can be considered in deciding whether neglect was "excusable":

• miscalculation of time
• inadvertence
• mistake
• carelessness (probably not a sufficient excuse)
• good faith
• was the delay within the reasonable control of the party (weighs against excusing the delay)

Fed R Civ P 6(b)

The Federal Rules of Civil Procedure, Rule 6(b), embraces the concept of excusable neglect in some circumstances:

(b) Extending Time.

(1) In General. When an act may or must be done within a specified time, the court may, for good cause, extend the time:

(A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or

(B) on motion made after the time has expired if the party failed to act because of excusable neglect.

(2) Exceptions. A court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).