When may a court strike out an argument or defence that a party filed late, and what must it find first?
General information · Not legal advice
Material to check
In the practice file, we read the attack or defence method itself with the date it was filed and the date it was due, the papers showing what the party had to work with, and any application by the other side asking the court to strike it out, alongside any ruling made.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading requires every condition before a court may strike a late argument or defence out: the party must have disregarded what the other timing provision requires, must have filed the argument or defence late through intent or gross negligence, and that filing must be found to have delayed the completion of the litigation; only then may the court, acting on its own motion or on the other side's application, dismiss it by a ruling.
Another reading notes that the timing itself is set elsewhere: this provision says a party disregards the separate provision on when attack and defence methods must be submitted, without repeating those dates, and it does not define what counts as delaying the completion of the litigation, so the file has to show what that other provision required in this case.
Your judgment
When a party files late through ordinary oversight rather than intent or gross negligence, what in the record shows which of those the court should find?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the fault standard or the effect of a late filing, or if a court decision explains when a late filing delays the completion of litigation.