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.
Title: Understanding the South Carolina Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order Introduction: In South Carolina, a Motion to Correct a Clerical Omission Nun Pro Tune is a legal procedure used to rectify any clerical errors or omissions made in a previous court order. This motion is crucial as it ensures that the order accurately reflects the intentions of the court, resolving any potential confusion or conflicts. This article aims to provide a detailed description of what this motion entails, along with highlighting the different types if applicable. Keywords: South Carolina, Motion to Correct, Clerical Omission, Nun Pro Tune, Previous Order I. What is a Motion to Correct a Clerical Omission Nun Pro Tune? A. Definition and Purpose: 1. A Motion to Correct a Clerical Omission Nun Pro Tune is a legal request to amend or clarify a clerical error or omission in a previous court order or judgment. 2. The primary purpose is to rectify any discrepancies or inaccuracies in the order, restoring it to match the original intention and preserving the accuracy of legal records. B. Legal Authority: 1. The authority for filing this motion lies within South Carolina's rules of civil procedure or other relevant statutory provisions. 2. Parties involved in the case, including attorneys or pro SE litigants, may file this motion with the court. II. Process of Filing a Motion to Correct a Clerical Omission Nun Pro Tune: A. Identifying the Clerical Error or Omission: 1. Careful examination of the previous court order is required to identify any typographical errors, inaccurate references, missing information, or other clerical mistakes. 2. The error or omission must be purely clerical and not involve substantive changes to the order. B. Drafting the Motion: 1. The motion should clearly outline the nature of the error or omission and explain its impact on the order. 2. Supporting evidence, such as affidavits or relevant documents, should be attached to substantiate the claim. C. Filing the Motion: 1. The motion, along with any supporting documents, must be filed with the court that issued the original order, following the appropriate filing procedures. 2. In South Carolina, specific court rules and local requirements may dictate the filing process, including filling out relevant forms and paying any necessary fees. D. Court Consideration and Decision: 1. Once filed, the court will review the motion, examine the supporting evidence, and assess the validity of the request. 2. The court may schedule a hearing or decide the motion based on the submitted documents alone. 3. If the court finds merit in the motion, it may issue an order correcting the clerical error or omission Nun Pro Tune, which means "now for then." III. Types of Motions to Correct a Clerical Omission Nun Pro Tune (if applicable): A. General Clerical Mistakes: 1. Typos, incorrect dates or names, grammatical errors, or other minor clerical mistakes fall under this category. B. Incorrect References or Citations: 1. When a court order refers to a wrong section or paragraph within the order itself or to an external reference, this motion is used to rectify such errors. C. Missing Information: 1. Sometimes, an order may lack necessary details, such as addresses, names, or precise monetary figures. This type of omission can be corrected through this motion. Conclusion: A Motion to Correct a Clerical Omission Nun Pro Tune in South Carolina provides a legal avenue to rectify any clerical errors or omissions in a previous court order. Understanding the process and purpose of this motion is crucial to preserve the accuracy and integrity of legal records. Properly filing this motion can help ensure that court orders reflect the original intent, maintaining consistency and avoiding any potential disputes or complications.
