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.
Illinois Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order In Illinois, a Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order is a legal process that allows parties involved in a case to request the court to make corrections or amendments to a previous order that contain clerical errors or omissions. The Latin phrase "Nun Pro Tune" means "now for then," indicating that the correction should be made retroactively to the date of the original order. This motion is filed to rectify minor errors that do not affect the substance of the order but are necessary for accurate documentation and implementation of the court's intent. Clerical errors can occur due to typographical mistakes, numerical errors, referencing incorrect sections, or omitting essential details, like a party's name, date, or other relevant information. The purpose of filing a Motion to Correct a Clerical Omission Nun Pro Tune is to ensure the accuracy and integrity of court records, preventing potential misunderstandings or complications when executing the order or during future legal proceedings. Key Points to Note: 1. Types of Clerical Omissions: Some common types of clerical omissions that can be addressed by this motion include misspellings, incorrect dates, erroneous reference numbers, typographical errors, or the omission of a party's name or address. 2. General Process: To initiate the motion, the party seeking the correction must draft a written motion specifying the error that needs correction and providing supporting documentation. This motion is then filed with the court and served on all parties involved in the case. The opposing party may have an opportunity to respond or object to the motion. 3. Court's Discretion: While courts generally recognize the importance of rectifying clerical errors, the decision to grant a Motion to Correct a Clerical Omission Nun Pro Tune lies within the court's discretion. The court will evaluate the nature and impact of the omission or error before granting the correction. 4. Retroactive Application: If the motion is granted, the correction is applied retroactively to the date of the original order, as if the error had never occurred. This is important to ensure the order's consistency and to maintain a clear and accurate chronological record. 5. Limitations and Requirements: It is essential to note that a Motion to Correct a Clerical Omission Nun Pro Tune is not applicable for substantive changes or amendments to the order. It is advisable to consult with an attorney or legal professional to determine if the error qualifies for this type of motion and to ensure compliance with local court rules and procedures. By utilizing the Motion to Correct a Clerical Omission Nun Pro Tune, parties involved in an Illinois court case can rectify minor errors in a previous order, maintaining the order's accuracy and clarity. Ensuring the correction of clerical errors through this motion helps prevent any confusion or issues in executing the order or during future legal proceedings.
