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Mississippi 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.

Title: Understanding the Mississippi Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order Description: In the legal realm, a motion to correct a clerical omission nun pro tune plays a crucial role in rectifying inadvertent errors or omissions made in a previous court order in Mississippi. This detailed description aims to shed light on what this motion entails and its significance within the Mississippi legal system. Keywords: Mississippi, motion to correct, clerical omission, nun pro tune, previous order, legal system, errors, court Types of Mississippi Motions to Correct a Clerical Omission Nun Pro Tune: 1. Correcting Typographical Errors: This type of motion aims to rectify minor errors, such as misspelled names, incorrect dates, or inaccurate case numbers, which might have been overlooked in the previous court order. It seeks to ensure that these typographical errors do not hinder the accurate interpretation or implementation of the initial order. 2. Amending Omitted Language or Terms: Sometimes, an order may inadvertently fail to include crucial provisions, terms, or sections that were intended to be part of the original order. This motion enables parties to request the court to insert omitted language or terms nun pro tune, meaning "now for then," to reflect the original intent of the order. 3. Changing Previously Included Information: In certain instances, a motion to correct a clerical omission nun pro tune may be necessary to rectify inaccurate or erroneously included information in a previous order. This motion seeks to amend any misleading or incorrect facts stated in the order promptly, ensuring the order accurately reflects the true intention of the court. 4. Adjusting Dates or Timeframes: When a court order contains incorrect dates or timeframes due to clerical errors, a motion to correct a clerical omission nun pro tune can be filed to correct such inaccuracies. This motion ensures that parties involved can rely on the corrected timeframes mentioned within the order, avoiding potential confusion or disputes. 5. Clarifying Ambiguous Language: In cases where a previous court order contains ambiguous or unclear wording, a motion to correct a clerical omission nun pro tune can be utilized to clarify the language, removing any potential confusion or misinterpretation. Understanding the significance of the Mississippi Motion to Correct a Clerical Omission Nun Pro Tune is essential for attorneys, legal professionals, and involved parties. By rectifying inadvertent errors or omissions in a previous court order, this motion ensures that justice is served accurately and thoroughly under the Mississippi legal system.

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Rule 41 (a) (I) allows a plaintiff to dismiss his action without court order at any time before service by the adverse party of an answer or of a motion for summary judgment. Lower federal court decisions are in conflict over what constitutes an answer or a motion for summary judgment under this rule.

Rule 13 generally requires compulsory counterclaims to be asserted in the pending litigation to avoid waiver. All other counterclaims are permissive and may be asserted by the defending party.

If action of record is not taken or good cause is not shown, the court shall dismiss each such case without prejudice. The cost of filing such order of dismissal with the clerk shall not be assessed against either party.

Rule 40 - Assignment of Cases for Trial (a) Methods. Courts shall provide for placing of actions upon the trial calendar (1) without request of the parties; or (2) upon request of a party and notice to the other parties; or, (3) in such other manner as the court deems expedient.

Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect and copy, any designated documents or electronically stored information (including writings, drawings, graphs, charts, photographs, phono-records, and other data ...

If a plaintiff whose action has once been dismissed in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...

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The trial court may grant relief from a judgment or order to correct clerical errors pursuant to Rule 60(a), or for other reasons enumerated in Rule 60(b). 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 ...Simply type the word, phrase, or particular chapter's name, such as “burden of proof” or. “Chapter 16,” in the blank and press “Enter.” Click “Next” to move ... After giving notice to the State and the defendant, the court may correct a clerical error in a judgment or order, correct an error in the record arising ... Jul 21, 2017 — On January 9, 2017, the mother filed timely motions to alter, amend, or vacate the judgment. ... The order granting the mother's postjudgment ... Jan 29, 2004 — The trial court, in response to this motion, entered a "Judgment and Decree of Dissolution of Marriage Nunc Pro Tunc" ("Nunc Pro Tunc Judgment") ... ... Motion to Correct a Clerical Omission Nunc Pro Tunc in a Previous Order: Make use of the Preview function and look at the form description (if available) to ... had been granted citizenship thirty-three years earlier, the claims court was correct in finding the subsequent nunc pro tunc order invalid proof of citizen-. The plaintiff may be required on motion of the clerk or any party to the action to give security within sixty days after an order of the court for all costs ... Dec 19, 2005 — An entry of a judgment "nunc pro tunc" is designed to correct clerical errors and cannot be used by a trial court to change an earlier ...

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