An Opportunity To Make Up For A Missed Deadline

An Opportunity To Make Up For A Missed Deadline

By F. Clay Merris, Esq.

An important element of practicing law is working in a timely fashion to meet deadlines. Depending on the context of the case, a missed deadline could result in a case being dismissed, waiving certain claims that could benefit the case, or not being allowed to use certain evidence in court.

Deadlines to file appeals are especially important. Failing to timely file a notice of appeal can lead to the appellate court refusing to hear the appeal. As always, however, there is an exception. An appeal can be filed nunc pro tunc. This is a Latin phrase meaning “now for then.” Upon realizing an appellate deadline has been missed, which can often happen when an unrepresented person hires an attorney after the deadline has already passed, one can file a Petition for Allowance of Appeal Nunc Pro Tunc in which the circumstances of the missed deadline are explained. If one can provide sufficient justification to the court for missing the deadline, the appeal may still proceed.

If you are considering an appeal, contact Scaringi Law’s experienced appellate attorneys.

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