Also known as: good cause exception · good-cause exception · good cause
Written by attorneys · grounded in primary & secondary sources — see below
A procedural allowance by which a court excuses a party's failure to meet a deadline or other requirement. The allowance applies when the party demonstrates a sufficient justification that outweighs the prejudice to the opposing side or the interests of orderly administration.
Giana Greco served interrogatories on Grandview Holdings. Grandview responded three weeks late and omitted any objections to several questions about its financial records. When Grandview later attempted to assert those objections at a hearing, the court refused to consider them because Grandview offered no justification for the delay.
Gareth Glover entered a not guilty plea in a criminal case. Ten weeks later he sought to introduce evidence of mental disease or defect. The court denied the request after finding that Glover had known of the relevant psychiatric records well before the plea deadline and offered no adequate reason for the delay.
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Gina Griffin planned to offer an out-of-court statement under the residual exception at trial. She provided written notice of the statement and the declarant's identity only on the morning of trial. The court admitted the statement after Griffin showed that the declarant had been hospitalized until the previous day and could not have been identified earlier.
Gregory Gates was indicted for assault. He filed written notice of an insanity defense two months after the pretrial-motion deadline. The court permitted the late filing because Gates had been transferred to a psychiatric facility without access to counsel during the original period and promptly notified the government once he regained contact.
Guadalupe Gallegos was appointed by the court to represent an indigent defendant in a complex fraud trial. Gallegos moved to decline the appointment, citing an already overloaded caseload that would require turning away paying clients. The court denied the motion after finding that the burden did not rise to the level that would justify avoidance of the appointment.
Gavin Grant agreed to represent a client in a pending divorce proceeding that involved custody and substantial property division. After several months the client could no longer pay, and Grant sought to withdraw. The court denied the request because withdrawal would leave the client without counsel at a critical stage and Grant had not shown any circumstance beyond ordinary financial difficulty.
The party must demonstrate a justification sufficient to outweigh the opposing party's interest in finality and the court's interest in orderly procedure. Courts commonly consider diligence, the reason for the delay, prejudice to the other side, and the merits of the underlying position.
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No. Good cause is a distinct and often more lenient standard than excusable neglect. It focuses on the reason for noncompliance and the balance of equities rather than requiring proof that the failure was unavoidable.
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A court may still grant relief, but the existence of prejudice is a key factor weighing against the request. The moving party must show that its justification outweighs any demonstrated harm to the opponent.
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Yes. Under the Model Rules a lawyer may decline an appointment only upon a showing of good cause, such as a likely violation of the rules or an unreasonable financial burden. Mere inconvenience or reduced profitability does not suffice.
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…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…