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.
Massachusetts Motion to Correct a Clerical Omission Nunc Pro Tunc in a Previous Order
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How to fill out Motion To Correct A Clerical Omission Nunc Pro Tunc In A Previous Order?
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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.
