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.
The Indiana Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order is a legal remedy used to rectify inadvertent errors or omissions made in a court order. This motion allows the correction to be applied retroactively, as if it were part of the original order, ensuring accuracy and completeness in legal documents. It is essential to understand the process and requirements involved when filing such a motion. Firstly, it is important to note that a "clerical omission" refers to a mistake made by court administration, not a substantive error made by the judge. This motion cannot be utilized to alter the substance or outcome of a court order but only to address unintentional clerical mistakes, such as typographical errors, incorrect dates, misspelled names, or omitted sections. To file a Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order, specific steps need to be followed. Firstly, the moving party, usually an attorney representing the affected party, must draft a written motion detailing the specific mistake or omission, providing necessary evidence to support the requested correction. It is crucial to use the correct legal terminology and adhere to the proper format when drafting the motion. The motion should clearly outline the nature of the error or omission and present compelling arguments as to why it should be corrected. Supporting documents, such as affidavits, relevant case law, or applicable rules, should be attached to substantiate the claim. Additionally, it may be necessary to provide a proposed amended order reflecting the desired correction. Different types of Indiana Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order may include: 1. Typographical Errors: These involve mistakes made in the spelling, punctuation, or grammar of the court order. 2. Incorrect Dates: This type of clerical omission addresses inaccuracies in dates mentioned within the order, such as wrong filing dates, hearing dates, or deadlines. 3. Misspelled Names: If a person's name is misspelled within a court order, this motion allows for the correction of such errors. 4. Omitted Sections: Sometimes, essential sections or provisions may be inadvertently left out of a court order, and filing this motion enables their inclusion. It is worth mentioning that the granting of a Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order is not automatic. The court will carefully review the motion and supporting documents, considering any objections or responses from opposing parties. The judge will assess the validity of the mistake and whether the correction aligns with the original intent of the order. If approved, the court will issue an amended order retroactively rectifying the clerical error. In summary, the Indiana Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order serves as a mechanism to rectify unintentional mistakes made in court orders. It allows for retroactive corrections of clerical errors, ensuring the accuracy and completeness of legal documents.
