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

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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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?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.

Nunc pro tunc refers to the discretionary power of USCIS to treat something done now as effective as of an earlier date. When a matter is adjudicated Nunc pro tunc by USCIS, it is effective as if it were done as of the time that it should have been done.

?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.

One way is with an Amended Order. Another way is the Order Nunc Pro Tunc, which is the focus of this overview. Literally, this Latin phrase means ?now for then? and refers to acts allowed to be done after a time when they should have been done, with retroactive effect (Black's Law Dictionary, 1968).

22 CRR-NY 202.8-CRR (1) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (2) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.

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.

Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.

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