CIV-GP-10-1 – Affirmation Requesting Nunc Pro Tunc Filing of

Jurisdiction: United States | New York

What is a CIV-GP-10-1 – Affirmation Requesting Nunc Pro Tunc Filing of?

This sworn submission asks the Civil Court of the City of New York to accept a late paper and treat it as filed on an earlier, supported date. “Nunc pro tunc” means “now for then,” and the relief you seek is retroactive filing status for a document that missed a deadline for reasons you can explain with facts and proof.

Attorneys typically submit an affirmation; self-represented litigants use a notarized affidavit with the same facts and exhibits. Either way, you request an order directing the clerk to deem a specified document filed as of a particular prior date.

You use this when the deadline passed due to reasonable, unintentional, or unavoidable circumstances, and you acted promptly once you could cure the issue. Frequent scenarios include clerk rejection for a curable defect, carrier or mail delays, hospitalization, calendaring or office error, extreme weather, court closure, or documented e-filing outages. Your submission must tie the reason to the missed date, show diligence after discovery, and include the exact document you want deemed filed (e.g., Answer, motion, opposition, reply, jury demand, or notice of trial), fully executed and attached.

When Would You Use a CIV-GP-10-1 – Affirmation Requesting Nunc Pro Tunc Filing of?

Use it when you missed a filing or service deadline despite good-faith efforts and reasonable diligence. Examples include:

• You mailed or delivered an Answer on time, but it was delayed or returned.
• You timely uploaded a motion, but the clerk rejected it for a correctable defect, and the corrected resubmission fell after the deadline.
• You or key staff were incapacitated (hospitalization, emergency), preventing timely filing or service.
• Severe weather, blackouts, or court closures blocked filing on the due date.
• An e-filing outage made earlier attempts fail, resulting in a late timestamp you can document.

Typical users include attorneys, landlords, tenants, small businesses, and individuals. You must clearly explain the delay, attach proof, request a specific earlier date, and serve all parties so they can respond. This is a corrective tool—not a tactic to gain advantage or revisit decided issues—used where fairness and the interests of justice favor retroactive acceptance.

Legal Characteristics of the CIV-GP-10-1 – Affirmation Requesting Nunc Pro Tunc Filing of

This is a sworn request, not an order. It has an effect only if the judge grants it. Statements are under penalty of perjury; accuracy and candor are essential, and false or misleading assertions can carry consequences and harm credibility.

Granting nunc pro tunc relief is discretionary. Judges generally look for:

• Good cause or excusable neglect: a concrete, credible reason that reflects diligence, not strategy or indifference.
• Diligence: prompt corrective action once the issue is discovered.
• Lack of unfair prejudice: the other side’s ability to respond or litigate is not compromised.
• Potential merit: many judges want assurance that the late paper is colorable, not frivolous.

Attorneys may submit an affirmation without a notary; self-represented parties should use a notarized affidavit with identical facts and exhibits. Serve all parties and include proof of service; courts often will not act without notice. If granted, the order directs the clerk to accept the document and reflect the specified “deemed filed” date on the docket.

How to Fill Out a CIV-GP-10-1 – Affirmation Requesting Nunc Pro Tunc Filing of

1) Caption the case.

• Use “Civil Court of the City of New York,” identify the county (borough) and, if known, the Part/judge.
• Match the case title exactly, including punctuation and party designations.
• Add the Index/Case Number and any motion sequence or calendar number.

2) Title the request.

• Use the form title and insert the document name.
• Example: “Affirmation Requesting Nunc Pro Tunc Filing of Defendant’s Answer.”

3) Identify yourself and your role.

• State your name, capacity (attorney or self-represented party), and party status.
• Provide mailing address, phone, and email.

4) State the relief.

• Ask the court to accept and deem filed the identified document nunc pro tunc as of a specific earlier date.
• Specify the exact date requested.

5) Provide a concise timeline.

• List key dates in order: original due date; attempts to file or serve; any rejection; dates of illness, closure, or outage; date you discovered the issue; date you acted to cure.
• Tie each entry to an exhibit.

6) Explain why the filing was late.

• Give the precise cause (e.g., clerk rejection for missing exhibit, documented courier delay, hospitalization, system error).
• Avoid generalities; reference exhibits for each fact.

7) Address diligence and prejudice.

• Describe immediate steps you took (refiled within one business day, contacted the clerk, promptly served corrected papers).
• Show why retroactive acceptance will not unfairly prejudice the other side (they already received the papers or will have full response time).

8) Attach exhibits (schedules).

• Include the late document itself, signed and complete.
• Add proofs such as receipts, tracking, clerk notices, emails, error screenshots, medical records, or closure notices.
• Label exhibits (A, B, C) and cite them in the text.

9) Include related requests, if needed.

• If a default is entered because of the late filing, request vacatur in the same papers and summarize both the excuse and the merits.
• If customary in the Part, attach a proposed order with the specific “deemed filed” date.

10) State service details.

• Identify whom you served, when, and how (mail, personal delivery, e-filing service, or other approved method).
• Attach a separate affidavit of service listing documents and method.

11) Sign and date.

• Attorneys: sign with standard attorney affirmation language.
• Self-represented parties: sign before a notary; ensure a proper jurat.

12) File with the court.

• File in the proper county clerk’s office or approved e-filing platform for your case type.
• Include exhibits, the underlying document, any proposed order, and any fee.
• If required as a motion or order to show cause, follow the clerk’s instructions for a return date or presentation to the judge.

13) Keep copies.

• Maintain a complete set of all papers and proofs of service.
• Bring copies to any appearance and be ready to identify exhibits quickly.

By supplying a clear timeline, solid proof, and a fair earlier date, you help the court find good cause and direct the clerk to deem your paper filed nunc pro tunc.

Legal Terms You Might Encounter

Nunc pro tunc means “now for then,” asking the court to retroactively accept a document as filed on an earlier date. An affirmation is a sworn attorney statement that does not require a notary; a self-represented litigant generally uses an affidavit sworn before a notary. Good cause or excusable neglect is a credible, specific explanation for missing a deadline despite reasonable care (e.g., a curable defect, verified delivery delay, or documented medical emergency). Prejudice means unfair harm to the other side; your request should show they retain full, fair opportunities to respond. The caption is the standardized case heading (court, parties, index number) that must match the docket exactly. Exhibits are supporting attachments—such as the late paper, tracking, clerk notices, or emails—that corroborate your facts. A proposed order is a draft for the judge to sign that grants the relief and states the “deemed filed” date. Proof of service shows who was served, when, and how; courts typically require it. A default is a consequence of a missed deadline; if one exists, request to vacate it and accept the late paper. The docket is the official record; if your request is granted, it shows the earlier filing date.

FAQs

Do you need to attach the late document?

Yes. Attach a complete, signed version with all exhibits it requires; the court rarely grants relief without seeing the exact paper to be deemed filed.

Do you have to notify the other side?

Yes. Serve all parties and include proof of service, ensuring notice and an opportunity to respond.

Do you need a notary?

Attorneys may submit an affirmation without a notary. Self-represented litigants should sign an affidavit before a notary.

Is there a fee?

Possibly. Be prepared to pay any fee associated with the underlying filing and confirm current amounts with the clerk.

Will there be a hearing?

It depends. Some Parts decide on submission if supported and unopposed; others set appearances. Monitor mail and e-filing and calendar any dates.

Can you use this if a default or late notation exists?

Often, yes. Combine the nunc pro tunc request with a motion to vacate, explaining both excuse and brief merits.

What date should you request?

Ask for the earliest date you can prove (attempted filing, mailing date, or closure/outage date) and tie it to your exhibits.

What if the request is denied?

The late status remains, and any default may stand. Review the reasons, correct issues, act quickly, and consider renewing or pursuing other relief.

Checklist: Before, During, and After the CIV-GP-10-1 – Affirmation Requesting Nunc Pro Tunc Filing of

Before signing

• Confirm the due date, attempted filing date(s), and any rejection or delay notices.
• Finalize the underlying document, fully signed.
• Gather proof for each key fact (tracking, emails, clerk communications, medical or emergency records, screenshots).
• Verify caption, index number, judge/Part, and party names.
• Draft a short timeline and choose the exact earlier date supported by exhibits.
• Prepare a proposed order if typical in the Part.
• Plan service: parties, addresses, and permitted methods.

During signing

• Recheck that the caption matches the docket.
• State the relief precisely with the requested date.
• Align timeline and exhibits; label each exhibit and cite it.
• Include proper sworn language, signature, and date; add notary block if pro se.
• Provide contact information.
• Prepare a separate proof of service.

After signing

• Make legible copies.
• Serve all parties and complete proof of service.
• File all papers, exhibits, proposed order, and any fee using the court’s accepted method.
• Calendar any return or submission date and monitor for notices.
• Track docket updates; bring copies to appearances.
• Keep a full set, including receipts and confirmations.

Common Mistakes to Avoid CIV-GP-10-1 – Affirmation Requesting Nunc Pro Tunc Filing of

1. Omitting the late document. Consequence: denial or delay because the court cannot deem a non-submitted paper filed.
2. Relying on vague excuses. Consequence: the court may find no excusable neglect or good cause.
3. Requesting an unsupported date. Consequence: denial of the date or credibility issues.
4. Skipping proof of service. Consequence: the court may refuse to act without notice.
5. Failing to attach corroborating exhibits. Consequence: narrative alone is usually insufficient.

What to Do After Filling Out the Form CIV-GP-10-1 – Affirmation Requesting Nunc Pro Tunc Filing of

File the signed request with all exhibits and the underlying document, serve all parties, and retain your proof of service. If the court sets a submission or appearance date, calendar it immediately. Be prepared to walk the judge through the timeline succinctly, citing exhibits for each step. If opposition is filed, submit a focused reply emphasizing excusable neglect, diligence, and lack of prejudice.

If granted, confirm that the docket shows the “deemed filed” date and that the underlying document appears in the record. Complete any additional steps ordered by the court (such as re-service or adjusted response deadlines) and file proof promptly. If denied, review the reasons, correct deficiencies (e.g., missing exhibits or unclear dates), and consider renewing your application or seeking alternative relief. For minor corrections (typos, mislabeled exhibits, omitted pages), file a short supplemental affirmation or affidavit with corrected materials and serve all parties.