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No More Excuses: Refusing To Condone Mere Carelessness Or Negligence Under The "Excusable Neglect" Standard In Federal Rule Of Civil Procedure 60(B)(1), Bree W. Weathersbee

Vanderbilt Law Review

Rule 60(b)' is an attempt to codify the equitable, common law practice of reforming judgments under special circumstances. The rule, inter alia, authorizes a court to relieve a party from a default judgment for "excusable neglect." This standard, however, is not defined in the rules, and courts have struggled with its meaning. Some circuits define the term liberally and often grant requests to vacate default judgments. Others adopt a strict interpretation and consistently refuse to vacate default judgments resulting from mere carelessness or negligence. Recently, in Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, the Supreme Court clarified the …