Idaho 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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FAQ

A Rule 11 plea agreement is a "binding" plea agreement. It is an agreement entered into by the parties for a certain sentence if the defendant pleads guilty to a specific criminal charge. A plea agreement under this rule binds the court to the terms of the agreement.

If a judgment requires a party to convey land, to deliver a deed or other document, or to perform any other specific act and the party fails to comply within the time specified, the court may order the act to be done at the disobedient party's expense by another person appointed by the court.

(a) Relief from Judgment or Order. 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.

Idaho Court Administrative Rule 5. Civil Jurisdiction of Magistrates; Assignment of Cases. (a) Jurisdiction; Assignment by Order. Jurisdiction of magistrates is the same as that of district judges but assignment of cases to magistrates must be approved by order of a majority of the district judges in the district.

Rule 32. Records of the judicial department - Examination and copying · Exemption from and limitations on disclosure. (a) Statement of Policy. This rule is adopted pursuant to the Supreme Court's authority to control access to court records, as recognized in the Idaho Public Records Act, I.C.

Rule 60(b). The motion shall be made within a reasonable time, and for reasons (1), (2), (3) and (6) not more than six (6) months after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation.

Idaho Court Administrative Rule 71. Exhibits. Storage and handling of exhibits shall be carried out using the following procedures; except as otherwise ordered by the Court: (a) All exhibits must be individually tagged with the proper exhibit tag, properly completed and securely attached to the exhibit.

Idaho Infraction Rule 7. Trial Procedures - Venue - Arrest or Bail Prohibited - Court Trials - Findings and Judgment. (a) Evidence and Burden of Proof. The burden of proof and the rules of evidence in a trial of an infraction citation or complaint shall be those provided for a trial of a criminal action.

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