Legal Definitions - saver default

Term: saver default

"Saver default" refers to the act of excusing a failure to meet a legal obligation, such as missing a court appearance or a filing deadline, after the person responsible provides a legitimate and compelling reason for their oversight. Essentially, it allows an individual or party to avoid the negative consequences of their default by demonstrating that their failure was due to circumstances beyond their control, rather than intentional disregard or negligence.

Examples:

• Example 1: Missing a Court Hearing Due to Medical Emergency
  A defendant in a civil lawsuit fails to appear for a scheduled court hearing. The court initially enters a default judgment against them. However, the defendant later presents evidence that they were undergoing emergency surgery for an unforeseen medical condition on the exact day of the hearing, making their attendance impossible.
  In this situation, the court might apply the principle of "saver default" by excusing the defendant's absence. By providing a valid and unavoidable reason (emergency surgery), the defendant can request that the default judgment be set aside, allowing them to participate in the legal proceedings.
• Example 2: Missed Filing Deadline Due to Natural Disaster
  A law firm is preparing to file a critical legal brief by a strict court-imposed deadline. The day before the deadline, a widespread power outage, caused by a severe storm, affects their entire region, rendering their offices inoperable and preventing access to their electronic filing systems and physical documents. They miss the deadline.
  Here, the law firm could invoke "saver default." They would explain to the court that the missed deadline was not due to negligence but to an extraordinary event (the power outage and storm) that made timely filing impossible. The court might then excuse the default and grant an extension or allow the brief to be filed late without penalty.
• Example 3: Failure to Respond to a Summons While Abroad
  An individual receives a summons for jury duty but fails to respond or appear. Subsequently, they receive a notice of contempt of court. They then explain that they were traveling internationally for a pre-planned, non-refundable trip that began before they received the summons and returned only after the required appearance date, and they had arranged for their mail to be held.
  The court might consider this a "saver default." While jury duty is a civic obligation, the individual could argue that their failure to respond was due to a pre-existing, unavoidable commitment combined with the timing of mail delivery, rather than an intentional disregard for the summons. If the court finds the explanation credible and reasonable, it could excuse the default and potentially reschedule their jury service.