Also known as:good-cause exception · good cause exceptions · good cause
Written by attorneys · grounded in primary & secondary sources — see below
A judicially recognized basis for excusing noncompliance with a procedural deadline or requirement. The exception permits a court to overlook a party's failure to act timely when circumstances justify relief and the opposing party suffers no incurable prejudice. Courts apply the exception sparingly to preserve orderly litigation while avoiding manifest injustice.
Sources & Authorities
How it applies
Common Examples
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Late Interrogatory Objections Excused
Greta Goldstein served answers to interrogatories but omitted specific objections until weeks after the thirty-day deadline. The court found that newly discovered documents justified the delay and excused the waiver under the good cause exception, allowing the objections to stand.
Delayed Insanity Notice Permitted
George Garcia entered a not-guilty plea and missed the ten-day window for filing notice of a mental-disease defense. After obtaining foreign medical records confirming a psychotic episode, his counsel moved for leave. The court found good cause and allowed the late notice with additional preparation time for the prosecution.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Hornbooks
Gabriella Gomez sought to introduce a witness statement under the residual exception but gave only oral notice on the morning of trial. The court excused the lack of prior written notice for good cause after finding the proponent had just learned of the statement's existence and the opponent could still prepare cross-examination.
Late Insanity Notice in Federal Case
Gerald Gibson missed the pretrial-motion deadline for notifying the government of an insanity defense. Newly obtained psychiatric records surfaced after the deadline. The court found good cause, accepted the late notice, and granted the prosecution a continuance for its own examination.
Attorney Accepts Court Appointment
Glenn Gross sought to decline a court-appointed representation citing financial strain. The tribunal found no good cause under the professional-conduct rule because the representation would not violate ethics rules or impose an unreasonable burden, so the attorney remained obligated to accept the appointment.
Withdrawal Denied in Divorce Proceeding
Gregory Gates sought to withdraw from representing a client in an ongoing divorce after the client became unable to pay. The court denied the motion because withdrawal would leave the client without counsel in a complex proceeding and no good cause existed under the withdrawal standards.
Common questions
Frequently Asked
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What must a defendant show to obtain a late insanity-defense notice?+
The defendant must demonstrate circumstances that justify the delay, such as newly discovered medical records, and the court may grant the late filing while ordering additional preparation time for the prosecution to avoid prejudice.
Supporting sources
Does missing the ten-day Model Penal Code notice deadline automatically bar mental-disease evidence?+
No. The evidence is inadmissible only if the defendant fails to file timely written notice and the court declines to permit a late filing for good cause. An adequate explanation for the delay can preserve admissibility.
Supporting sources
When may a court excuse untimely notice of residual hearsay?+
The court may excuse the lack of earlier written notice during trial itself when good cause exists, such as the proponent learning of the statement only shortly before offering it, provided the opponent still receives a fair opportunity to meet the evidence.
Supporting sources
487 U.S. 654 (1988)Constitutional Law
…prosecutorial functions and powers of the Attorney General." The Attorney General may remove the independent counsel only for good cause, physical disability, mental incapacity, or any other condition that substantially impairs the performance of his duties. The Act also provides that the independent counsel shall be subject…