Also known as: excusing condition · excuse · excuses
Written by attorneys · grounded in primary & secondary sources — see below
Circumstances recognized by law that relieve a party from the usual legal consequences of nonperformance, noncompliance, or prohibited conduct. The law treats the failure or act as excused when the condition is satisfied, preventing waiver, liability, or conviction.
Elena Estrada served interrogatories on Emerald Enterprises. The company responded with answers but omitted any objections. Weeks later Emerald sought to assert a relevance objection at a hearing. The court excused the untimeliness for good cause after finding the delay stemmed from counsel's documented medical emergency and no prejudice resulted.
Elijah Edwards killed his spouse after discovering an affair. At trial he presented evidence of prolonged psychological abuse and sudden discovery that triggered an extreme mental disturbance. The jury found the disturbance provided a reasonable explanation from his viewpoint, reducing the homicide from murder to manslaughter.
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Eric Espinoza shot a rival after a planned confrontation. No evidence showed heat of passion, self-defense, or other recognized excusing condition. The prosecution therefore established malice aforethought and secured a murder conviction rather than manslaughter.
Enzo Eastwood served on a grand jury when his child required emergency surgery. The court found good cause and excused him permanently, impaneling an alternate juror so the panel could continue without delay or loss of quorum.
Eva Espinosa sought to introduce a dying declaration under the residual exception but gave written notice only on the morning of trial. The court excused the lack of earlier notice for good cause after finding the proponent had just learned of the statement and the opponent suffered no unfair surprise.
Emily Ellis intentionally shot her uncle to accelerate inheritance. Because she acted without legal excuse or justification, the court applied the slayer rule and denied her any interest in the decedent's estate.
The party must demonstrate good cause for the failure to object timely. Courts consider factors such as the reason for delay, prejudice to the opposing party, and whether the objection could have been raised earlier.
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The reasonableness of the explanation or excuse is judged from the viewpoint of a person in the actor's situation under the circumstances as the actor believes them to be. The disturbance must be extreme and must have a reasonable basis when viewed from that perspective.
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A court may excuse a juror for good cause at any time. If the excuse is permanent the court may seat an alternate to maintain the required number of jurors.
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The proponent must give reasonable written notice of the intent to offer the statement, its substance, and the declarant's name. The court may excuse the lack of earlier notice during trial or hearing upon a showing of good cause.
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The killer must have committed a felonious and intentional killing without legal excuse or justification. Once that showing is made by a preponderance of the evidence the killer is barred from any donative transfer from the victim.
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…only when the guilt of the subject appears highly probable."[^maj-14] The manuals suggest that the suspect be offered legal excuses for his actions in order to obtain an initial admission of guilt. Where there is a suspected revenge-killing, for example, the interrogator may say: "Joe, you probably didn't go out…