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Massachusetts 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.

A Massachusetts Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order is a legal document filed with the court to correct any clerical mistakes or omissions that occurred in a previous order. "Nun Pro Tune" is a Latin term meaning "now for then," which suggests that the correction should be made retroactively to reflect the accurate information at the time the original order was made. In Massachusetts, there are different types of Motions to Correct a Clerical Omission Nun Pro Tune, depending on the nature of the mistake or omission. Some common examples include: 1. Motion to Correct a Typographical Error Nun Pro Tune: This type of motion is used when there is a simple typographical error in the previous order, such as a misspelled name, an incorrect date, or a numerical mistake. The motion seeks to correct these errors to ensure the order accurately reflects the intended information. 2. Motion to Insert a Missing Paragraph Nun Pro Tune: If a paragraph was incorrectly omitted from the original order, this motion is filed to insert the missing paragraph. This may occur due to oversight or accidental deletion during the drafting or entry process. 3. Motion to Amend an Incomplete or Ambiguous Clause Nun Pro Tune: When a clause in the previous order is found to be incomplete or ambiguous, this motion is submitted to amend the clause retrospectively. It aims to clarify the intent of the clause or add missing details to ensure the order is accurate and enforceable. 4. Motion to Correct a Misstated Fact Nun Pro Tune: In situations where a fact or piece of information in the previous order is found to be misstated or inaccurately recorded, this motion is filed to correct the error. This may be necessary to rectify any misunderstandings or to accurately reflect the true facts of the case. 5. Motion to Update or Correct the Docket Sheet Nun Pro Tune: If there are errors or omissions on the docket sheet related to the previous order, this motion is filed to update or correct the docket sheet accordingly. This ensures that the case history is accurately recorded for future reference. When filing a Massachusetts Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order, it is essential to provide detailed information about the nature of the mistake or omission, the specific section or paragraph that requires correction, and the accurate information that should be included. The motion should also include supporting evidence, such as relevant documents or affidavits, to substantiate the need for the correction. Overall, a Massachusetts Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order serves as a mechanism to rectify any inadvertent errors or omissions in court orders, ensuring the accuracy and integrity of the judicial record.

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(a) Providing a Regular Schedule for Oral Hearings. A court may establish regular times and places for oral hearings on motions. (b) Providing for Submission on Briefs. By rule or order, the court may provide for submitting and determining motions on briefs, without oral hearings.

Every judgment shall be set forth on a separate document. A judgment is effective only when so set forth and when entered as provided in Rule 79(a). Entry of the judgment shall not be delayed for the taxing of costs. Attorneys shall submit forms of judgment upon direction of the court.

To expedite its business, the court may provide by order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition. The court may require the filing of briefs, in such form and within such time as it may direct.

Rule 77 - Courts and Clerks (a) Courts Always Open. Unless otherwise provided by law, the courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning process, and of making and directing all interlocutory motions, orders, and rules.

Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.

Rule 6 of the Massachusetts Rules of Appellate Procedure provides for the filing of a motion asking the Appeals Court to temporarily "stay" or halt the execution of a lower court judgment or order pending the outcome of an appeal.

Rule 23 is intended to fill a gap in the Rules of Criminal Procedure identified by the Supreme Judicial Court in Commonwealth v. Ortiz, 466 Mass. 475 (2013). The rule provides for the manner in which stipulations of fact agreed to by the parties before or during trial are to be memorialized and used at trial.

No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

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Nunc pro tunc orders authorize the backdating of a step that should have taken place earlier in the litigation process. · other events that are outside of a ... Jul 1, 1974 — (1973) Rule 60 encompasses two basic situations: (a) the correction of mere clerical mistakes in the judgment or other part of the record, and ( ...Mar 5, 2019 — Practice, Criminal, Motion for a required finding, Required finding, Interlocutory appeal, Waiver. In a criminal appeal, this court reached ... Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at ... Jun 1, 2021 — Draft or fill out an order granting the motion for judgment nunc pro tunc. Step 10: File Expand Collapse. File everything: the motion,; the ... Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission ... This is a writ of error to the court of appeals of the District of Columbia to reverse a judgment of that court affirming a judgment of the supreme court of the ... Correction is Nuc Pro Tunc. When the court amends its records to correct a clerical error, the amended record “stands as if it had never been defective, or as. Gather Evidence: Collect all relevant documentation that supports your request for the nunc pro tunc approval. This may include evidence of the circumstances ... ... clerical mistake, arising from oversight or omission as contemplated by Crim.R. 36. A nunc pro tunc judgment is to be employed to correct clerical errors only.

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