What is Good Cause?
Good cause is a term that frequently appears in the rules. It has frequent application to personal injury cases.
One place where it appears is in an instance where a defendant has been served with suit papers and has not responded within 21 days. The defendant can avoid the entry of a default judgment by showing good cause for not having answered within 21 days. Good cause is a loose term. The rules do not define it. Rule 3:19(b) says, “Prior to the entry of judgment, for good cause shown, the Court may grant leave to a defendant who is in default to file a late responsive pleading”.
Good cause obviously means something. In Berg v. Va. Employment Commission, 1980 WL 143151, the Frederick County Circuit Court indicated that good cause is to be measured objectively. It must be something both substantial and compelling.
What Factors Constitute Good Cause?
There are a number of factors the court may look at in determining good cause. One of those factors may be whether or not there is prejudice to the moving party.
The existence of excusable neglect may be good cause.
Whether or not the so-called “ends of justice” are met may be a factor. Whether the defendant has a viable defense is another factor. Emrich v. Emrich, 9 Va. App. 288 (1989)
There may be a host of other factors that the court could consider.
To summarize then good cause may be found:
- where a compelling and substantial reason exists
- where there is the existence or lack of prejudice
- where there is excusable neglect
- where there is an objective need as opposed to simply a subjective need
- where the ends of justice will be met
What is Good Cause in Regard to Defense Medical Examinations?
Another instance where the term “good cause” appears is in regard to defense medical examinations. Rule 4:10(a) states that a motion for the entry of an order for such an examination “…may be made only on motion for good cause shown…”
Again good cause is not defined in the rule. As stated in Berg, presumably it means something compelling and substantial.
Typically in this context if the physical or mental condition of a party is indeed a material issue in the case then such an examination probably is going to be ordered.
In that context, good cause is probably fairly objective i.e., is there a material issue in the case about the physical or mental condition of a party.
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