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

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Multi-State
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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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  • Preview Motion to Correct a Clerical Omission Nunc Pro Tunc in a Previous Order
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FAQ

?Nunc pro tunc? ? a Latin phrase that means ?now for then? ? is a legal term that is used to describe a request to have a court or administrative agency retroactively grant approval or recognition to an action or decision that was taken earlier but was not properly documented or recorded at the time.

74.05. (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party.

74.06. (a) Clerical Mistakes - Procedure. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

74.05. (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party.

Missouri Rule Governing Summary Judgements Summary judgments in Missouri are governed by Rule 74.04, which contains strict requirements for establishing the uncontroverted material facts which may support a summary judgment.

Rule 75.01 limits the Court's control over a judgment to 30 days after the judgment is entered, absent filing of an authorized after-trial motion.

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 51.05 of the Missouri Rules of Civil Procedure states that every party has a right to change of judge upon application ? the ?one strike? rule. The application must be filed within 60 days of service of process or 30 days from designation of the trial judge, whichever is longer.

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