What does Nunc Pro Tunc mean? My lawyer tells me that I missed the deadline to file my motion but she can file it Nunc Pro Tunc. She tried to explain it to me, but I didn't get it.
The literal translation from latin to english is "now for then." This means that you are filing something today, but that you had intended to file it on a different day.
The best example is a motion to reconsider sentencing. In general, you have ten days from the date of sentencing to ask the judge to reconsider the sentence and thirty days from the date of sentencing. The sentence is not a final order until after thirty days pass and a notice of appeal has not been filed.
The question we often get is, can I file a motion for reconsideration of sentence after the ten days passes, but before the thirty days is up. The answer is clearly, no you cannot. But, since the sentence is not a final order, if the sentencing judge permits the filing of the motion, then you can file it after the ten day date, but before the thirty day date. A judge may want you to do this so that the matter avoids an appeal if the issue can be fixed as a post sentencing motion.
The title of the motion for reconsideration should be, Motion for Reconsideration of Sentence Nunc Pro Tunc. This means consider my motion now, after ten days have passed, as if I had filed it then, during the ten day window. Good Luck!
Labels: motion for reconsideration, nunc pro tunc, sentencing