August 8, 2018
It is fair to assume that most attorneys will miss at least one filing deadline at some point during their career. When this happens, the million dollar question becomes whether the Court will accept the filing past the deadline. In Meadowbrook Center, Inc. v. Robert Buchman, 328 Conn. 586 (2018), the Connecticut Supreme Court recently adopted the “excusable neglect” standard in determining whether to consider an untimely filing.
In Meadowbrook, the defendant file a motion for attorney’s fees thirty-five days after the Court entered judgment. Pursuant to the Connecticut Practice Book § 11-21, a party has thirty-days to file a motion for attorney’s fees. The plaintiff filed an objection to the motion on the basis that it was untimely. In denying the motion for attorney’s fees, the trial court held that the thirty-day deadline was mandatory and therefore could not properly consider the motion. The defendant appealed.
On appeal, the Connecticut Supreme Court held that the thirty-day deadline was not mandatory and that the trial court could have exercised its discretion whether to permit the untimely motion. In addition, the Connecticut Supreme Court formally adopted the “excusable neglect” standard codified as Fed. R. Civ. P. 6(b)(1)(B) in “determining whether to allow an untimely filing.” The Court stated that the “Factors to be considered in evaluating excusable neglect include (1) the danger of prejudice to the [nonmovant], (2) the length of the delay and its potential impact on judicial proceedings, (3) the reason for the delay, including whether it was within the reasonable control of the movant, and (4) whether the movant acted in bad faith.”
In the event that a deadline falls through the proverbial cracks, Meadowbrook is an essential decision to be acquainted with. Meadowbrook stands for the proposition that the Court cannot deny a motion on the sole basis that it is untimely, offering a glimmer of hope to movants who fail to comply with deadlines. So, if disaster strikes, stay calm and remember Meadowbrook.