New Mexico 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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  • Preview Motion to Correct a Clerical Omission Nunc Pro Tunc in a Previous Order
  • Preview Motion to Correct a Clerical Omission Nunc Pro Tunc in a Previous Order
  • Preview Motion to Correct a Clerical Omission Nunc Pro Tunc in a Previous Order

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FAQ

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.

Rule 1-012 - Defenses and objections; when and how presented; by pleading or motion; motion for judgment on the pleadings A. When presented. A defendant shall serve his answer within thirty (30) days after the service of the summons and complaint upon him.

If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...

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 1-004(F)(3) provides that service may be made by delivering a copy of the summons and complaint to the person apparently in charge of the actual place of business of the defendant and mailing a copy of the summons and complaint to the defendant both at the defendant's last known mailing address and also the ...

Rule 1-045(A)(1)(d) NMRA. When a subpoena for production or inspection is issued, the party responsible for the issuance of the subpoena must provide timely notice to all parties of the issuance of the subpoena. Rule 1-045(B)(2) NMRA. The rule formerly provided only that the subpoenaed person "produce" the items.

1-003.3. A certification of pre-filing notice, substantially in the form approved by the Supreme Court as Form 4-227 NMRA, shall be submitted with any complaint initiating a foreclosure action.

Filing and service by the court. Unless otherwise ordered by the court, the court shall serve all written court orders and notices of hearing on the parties. The court may file papers before serving them on the parties. For papers served by the court, the certificate of service need not indicate the method of service.

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