Also known as: good causes · good cause shown · just cause
Written by attorneys · grounded in primary & secondary sources — see below
A legally sufficient reason that justifies a court in excusing noncompliance with a procedural requirement or in authorizing a specified action such as extending time or permitting late filing.
Galaxy Technologies served responses to interrogatories thirty-five days after service. The responses omitted any objection to one question about trade secrets. When the opposing party moved to compel, Galaxy argued the objection should be allowed because the delay resulted from an unexpected server outage that prevented timely review. The court found good cause and excused the waiver under the rule.
Guillermo Guzman entered a not-guilty plea in a federal prosecution. Ten days later his counsel discovered hospital records showing a recent diagnosis of delusional disorder that had gone undetected. Counsel filed a written notice of intent to rely on an insanity defense two weeks after the plea deadline. The court permitted the late notice after finding good cause based on the newly obtained medical evidence.
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Genesis Pharmaceuticals sought to introduce a supplier's out-of-court statement under the residual exception. Counsel gave oral notice of the intent to offer the statement on the second day of trial after learning the declarant had become unavailable overnight. The court excused the lack of pretrial written notice upon a showing of good cause arising from the sudden unavailability.
Gideon Graves was indicted for wire fraud. Defense counsel missed the pretrial-motion deadline for filing an insanity notice because counsel was hospitalized for emergency surgery. Upon release, counsel immediately filed the notice and requested leave to file late. The court allowed the late filing after determining that the medical emergency constituted good cause.
A federal district court appointed Gloria Green to represent an indigent defendant in a complex fraud prosecution. Green moved to decline the appointment, citing her existing caseload that would require her to turn away paying clients and create an unreasonable financial burden. The court denied the motion, holding that the burden did not rise to good cause under the rule.
Glenn Gross agreed to represent Guadalupe Gallegos in a pending divorce action. After six months the client could no longer pay fees and the case grew more complex. Gross moved to withdraw solely on the ground that continued representation had become unprofitable. The court denied the motion, ruling that financial hardship alone did not constitute good cause when withdrawal would prejudice the client.
The party must demonstrate that the failure to state the objection timely was the result of circumstances amounting to good cause. Courts consider factors such as diligence, the reason for the delay, and prejudice to the opposing party.
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A defendant may file the notice after the ordinary deadline only upon a showing of good cause. Courts typically require that the delay result from newly discovered evidence or circumstances beyond the defendant's control rather than tactical decisions.
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No. Courts hold that a representation becoming unprofitable or a client becoming unable to pay does not constitute good cause for withdrawal when the withdrawal would materially prejudice the client in an ongoing proceeding.
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…found in the Constitution. See, e. g. , 2 Debates 267-268 (A. Hamilton at New York Convention) (noting that there would be just cause for rejecting the Constitution if it would enable the Federal Government to "alter, or abrogate . . . [a State's] civil and criminal institutions [or] penetrate the recesses of domestic…