This form is a sample letter in Word format covering the subject matter of the title of the form.
Sample Motion For Judgment Nunc Pro Tunc In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-0025LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Motion for Nunc Pro Tunc Order Select Bankruptcy or Adversary menu. Select Motions/Applications. Enter case number. Ensure correct case name and number match the document you are filing. Select Docket Event: Nunc Pro Tunc Order. Check box if joint filing with another attorney. Select party filer.
The most common use of nunc pro tunc is to overcome some administrative failure or cure a procedural defect, for example back-dating the date a statement of claim was issued, when court error was the reason for its failure to issue earlier.
Latin for "now for then." A doctrine that permits a court to change records so that they show what actually happened. For example, if a party filed his motion on January 5, but the clerk's office had erroneously treated it as filed on January 6, the judge could correct the records to show the right date.
Generally, nunc pro tunc relief is a remedy for administrative or judicial error by the government as a means to prevent inequity or injustice. It is not a means for a petitioner, or any related private entity, to correct its own errors or retroactively change disqualifying circumstances of its own making.
Nunc pro tunc is a Latin term meaning "now for then." Generally, this refers to an action taken by a court that applies retroactively to correct an earlier ruling. Usually, the term is used relating to the procedural devices of nunc pro tunc amendments or nunc pro tunc judgments.
A nunc pro tunc request is typically made when there is a clerical error or oversight that needs to be corrected, or when there is a need to have an action or decision applied retroactively to a specific date.
Nunc pro tunc is a Latin term that means “now for then.” The orders are procedural tools that correct or adjust the official court record.
However, where available, the test applied to determine whether to grant a nunc pro tunc order is as follows: (i) The party seeking the order must seek leave prior to the expiry of the limitation period; (ii) The court must weigh the following non exhaustive discretionary factors to determine whether to exercise their ...
Examples: a court clerk fails to file an answer when he/she received it, and a nunc pro tunc date of filing is needed to meet the legal deadline (statute of limitations); a final divorce judgment is misdirected and, therefore, not signed and dated until the day after the re-marriage of one of the parties-the nunc pro ...
Example language: "This motion arises from the fact that the order dated insert date incorrectly reflects the wrong effective date of insert detail due to reason. As a result, this motion seeks to correct this error and have the court's order applied retroactively to correct date."
