392
Opinion of the Court
"excusable neglect" may extend to inadvertent delays.7 Although inadvertence, ignorance of the rules, or mistakes construing the rules do not usually constitute "excusable" neglect, it is clear that "excusable neglect" under Rule 6(b) is a somewhat "elastic concept" 8 and is not limited strictly to omissions caused by circumstances beyond the control of the movant.9
The "excusable neglect" standard for allowing late filings is also used elsewhere in the Federal Rules of Civil Procedure. When a party should have asserted a counterclaim but did not, Rule 13(f) permits the counterclaim to be set up by amendment where the omission is due to "oversight, inadvertence, or excusable neglect, or when justice requires." In the context of such a provision, it is difficult indeed to imagine that "excusable neglect" was intended to be limited as petitioner insists it should be.10
7 See, e. g., United States v. Borromeo, 945 F. 2d 750, 753-754 (CA4 1991); Hill v. Marshall, No. 86-3987, 1988 U. S. App. LEXIS 14742, *4 (CA6, Nov. 4, 1988); Dominic v. Hess Oil V. I. Corp., 841 F. 2d 513, 517 (CA3 1988); Sony Corp. v. Elm State Electronics, Inc., 800 F. 2d 317, 319 (CA2 1986); United States ex rel. Robinson v. Bar Assn. of District of Columbia, 89 U. S. App. D. C. 185, 186, 190 F. 2d 664, 665 (1951). But see Hewlett-Packard Co. v. Olympus Corp., 931 F. 2d 1551, 1552-1553 (CA Fed. 1991).
8 4A C. Wright & A. Miller, Federal Practice and Procedure § 1165, p. 479 (2d ed. 1987).
9 The Courts of Appeals generally have given a similar interpretation to "excusable neglect" in the context of Rule 45(b) of the Federal Rules of Criminal Procedure, which, like Rule 9006(b), was modeled after Rule 6(b). See, e. g., United States v. Roberts, 978 F. 2d 17, 21-24 (CA1 1992); Warren v. United States, 123 U. S. App. D. C. 160, 163, 358 F. 2d 527, 530 (1965); Calland v. United States, 323 F. 2d 405, 407-408 (CA7 1963).
10 In assessing what constitutes "excusable neglect" under Rule 13(f), the lower courts have looked, inter alia, to the good faith of the claimant, the extent of the delay, and the danger of prejudice to the opposing party. See, e. g., New York Petroleum Corp. v. Ashland Oil, Inc., 757 F. 2d 288, 291 (Temp. Emerg. Ct. App. 1985); Gaines v. Farese, No. 87-5567, 1990 U. S. App. LEXIS 18086, *9 (CA6, Oct. 11, 1990); Barrett v. United States Banknote Corp., 1992-2 Trade Cases ¶ 69,956, p. 68,607 (SDNY 1992);
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