Also known as:lawful causes · just cause · good cause
Written by attorneys · grounded in primary & secondary sources — see below
A legally sufficient justification that permits a court to excuse noncompliance with a procedural requirement or to allow an attorney to decline or withdraw from a representation.
Sources & Authorities
How it applies
Common Examples
6
Untimely Interrogatory Objection
Lillian Locke served interrogatories on Lexicon Media. Lexicon Media responded with answers but omitted any objection to one interrogatory until after the thirty-day period had expired. The court excused the late objection after Lexicon Media showed that the omission resulted from an administrative error discovered only upon review of the response file.
Late Insanity Defense Notice
Lamar Lewis entered a not guilty plea in a federal prosecution. Ten days later his counsel discovered new psychiatric records showing a previously undiagnosed condition. The court permitted the late filing of the insanity notice because the records had been unavailable despite diligent efforts by counsel.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Delayed Residual Hearsay Notice
Lily Lopez sought to introduce a witness statement under the residual exception. She provided written notice of the statement's substance and the declarant's identity only on the morning of trial. The court admitted the statement after finding that the late notice resulted from the declarant's sudden unavailability and that the opposing party had sufficient opportunity to prepare.
Untimely Insanity Defense Notice
Lena Lawson was indicted for a federal offense. Her counsel filed the required written notice of an insanity defense two weeks after the pretrial motion deadline. The court allowed the late notice upon a showing that newly obtained medical records established the defense and that the government would receive additional preparation time.
Refusal of Court Appointment
Lars Lindstrom, a solo practitioner, was appointed by the court to represent an indigent defendant in a complex felony case. He sought to decline the appointment because the matter would require extensive travel at personal expense. The court denied the request after determining that the financial burden was not unreasonable under the circumstances.
Withdrawal from Divorce Representation
Layla Lane agreed to represent a client in an ongoing divorce proceeding. Midway through discovery the client became unable to pay further fees. The court denied counsel's motion to withdraw because the client would be left without representation in a matter already set for trial and no substitute counsel was immediately available.
Common questions
Frequently Asked
5
What must a party show to obtain relief from a waived objection under Rule 33(b)(4)?+
The party must demonstrate specific facts establishing that the failure to object timely was excusable and that the court should exercise its discretion to permit the late objection.
Supporting sources
When may a defendant file a late notice of an insanity defense under Model Penal Code § 4.03(2)?+
A defendant may file the notice after the ten-day period only if the court finds good cause, such as newly discovered evidence of mental disease that could not have been identified earlier with reasonable diligence.
Supporting sources
What showing permits a court to excuse late notice of residual hearsay under Rule 807(b)?+
The proponent must show that the delay was justified by circumstances such as the declarant's sudden unavailability and that the adverse party received a fair opportunity to meet the evidence despite the late notice.
Supporting sources
Under what circumstances may a lawyer decline a court appointment under Model Rule 6.2?+
A lawyer may decline only upon a showing of good cause, such as a likely violation of the rules of professional conduct or an unreasonable financial burden that would result from the representation.
Supporting sources
When may counsel withdraw from a divorce matter after the client becomes unable to pay?+
Counsel may withdraw only if the court finds good cause and withdrawal will not materially prejudice the client by leaving her without representation in an ongoing complex proceeding.
Supporting sources
514 U.S. 549 (1995)Constitutional Law
…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…