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.
In the state of Texas, a Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order is a legal procedure used to rectify any errors or omissions made in a court order or judgment. This motion allows the court to correct the mistake and ensure that the order accurately reflects the intended outcome of the case. A clerical omission refers to a typographical error, a misstatement of a fact, or any other oversight made by the court without any malicious intent. It is important to note that this motion is not used to modify substantive rights or change the outcome of a decision; its sole purpose is to correct mistakes of a clerical nature. The term "Nun Pro Tune" is a Latin phrase meaning "now for then." When included in a motion, it indicates that the correction being sought should be applied retroactively, meaning it would be as if the error had never occurred in the first place. It is essential to file a Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order promptly after discovering the error. Furthermore, the motion must clearly identify the mistake, provide evidence supporting the intended correction, and explain how the proposed correction accurately reflects the original intent of the court. There can be different types of motions falling under the category of a Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order in Texas, including: 1. Correction of Numerical or Typographical Errors: This type of motion is filed when there are minor errors related to numbers, dates, or spelling that can easily be rectified. 2. Correction of Incorrect Party Name or Identity: If a court order contains an incorrect name or fails to accurately identify an individual or entity involved in the case, this type of motion is necessary to correct such mistakes. 3. Correction of Inadvertently Omitted Language: Sometimes, a court order may inadvertently omit crucial language that was intended to be included. This type of motion seeks to add the missing language to ensure the order accurately reflects the court's intent. 4. Correction of Misstated Facts: When a factual error is present in a court order, such as incorrect dates, statements, or references to evidence, a motion is filed to correct these inaccuracies. It is vital to consult with an attorney experienced in Texas law to determine the appropriate type of Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order to file based on the specific circumstances of the case. Meeting all procedural requirements and providing sufficient evidence to support the correction is crucial when seeking a favorable outcome.
