Colorado Motion to Correct a Clerical Omission Nunc Pro Tunc in a Previous Order

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US-01063BG
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Nunc pro tunc is a Latin term meaning "now for then". It refers to a thing is done at one time which ought to have been performed at another. Permission must be sought from the court to do things nunc pro tunc. Often the judge will grant the nunc pro tunc order ex parte (with only the applicant appearing and without notice). An example would be if a court clerk failed to file an answer when he/she received it, and a nunc pro tunc date of filing is needed.

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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.

Rule 35 - Determination of Appeal (a) Disposition of Appeal. The appellate court may, in whole or in part, dismiss an appeal; affirm, vacate, modify, reverse, or set aside a lower court judgment; and remand any portion of the case to the lower court for further proceedings.

Motion for a Judgment of Acquittal. (a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.

Motion for a Judgment of Acquittal. (a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.

Rule 49 - Special Verdicts and Interrogatories (a) Special Verdicts. The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact.

Rule 58 - Entry of Judgment (a) Entry. Subject to the provisions of C.R.C.P. 54(b), upon a general or special verdict of a jury, or upon a decision by the court, the court shall promptly prepare, date, and sign a written judgment and the clerk shall enter it on the register of actions as provided in C.R.C.P. 79(a).

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice.

A ?Rule 29 Motion,? based on Federal Rule of Criminal Procedure 29, is typically made twice during a federal trial ? first, at the close of the Government's case, and again at the close of the entire case. These motions allow the judge to dismiss the case as a matter of law.

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Colorado Motion to Correct a Clerical Omission Nunc Pro Tunc in a Previous Order