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.
West Virginia Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order A West Virginia Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order is a legal document filed with the court to rectify a clerical error or omission in a prior court order or judgment. The Latin phrase "Nun Pro Tune" means "now for then," indicating that the correction shall have retroactive effect. This motion is brought when a mistake, oversight, or clerical error appears on a previously issued court order, which may have unintended consequences on the rights and obligations of the parties involved. By filing a Motion to Correct a Clerical Omission Nun Pro Tune, the applicant seeks to correct the court record accurately. There are different types of West Virginia Motions to Correct a Clerical Omission Nun Pro Tune, depending on the specific clerical error encountered. These can include: 1. Typographical Errors: These occur when there is a misspelling, transcription, or other minor typographical mistake in a court order. For example, incorrect dates, names, or numbers that misrepresent the actual intent of the court's decision. 2. Reference or Citation Errors: These arise when there is an inaccurate or incomplete reference to a document, statute, regulation, precedent, or other authority in the court order. It may involve missing or incorrect page numbers, incorrect citations, or references that do not support the court's reasoning. 3. Calculation Errors: These occur when there is an error in calculations, such as mathematical mistakes, clerical inaccuracies in monetary amounts, or errors in the computation of interest, penalties, or damages. 4. Inclusion or Exclusion Errors: These involve the inadvertent inclusion or exclusion of certain provisions, terms, or language in the court order, resulting in an unintended effect or an omission of critical information. It may involve missing paragraphs, sentences, or clauses that substantially alter the meaning or intention of the order. To file a West Virginia Motion to Correct a Clerical Omission Nun Pro Tune, the party seeking the correction must draft a motion specifying the error and the requested correction. It is essential to provide a detailed explanation of the mistake, supporting evidence, and demonstrate the impact of the clerical error on the order's validity or potential consequences. Upon filing the motion, it will typically be reviewed by the court before scheduling a hearing, although in some cases, the court may correct obvious or minor errors without a hearing. During the hearing, the party filing the motion must present their arguments and evidence supporting the proposed correction. The court will then deliberate and decide whether to grant the Motion to Correct a Clerical Omission Nun Pro Tune. In conclusion, a West Virginia Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order is a legal remedy available when a clerical error or omission is identified in a court order. By rectifying such mistakes, the court ensures that the order accurately reflects its original intent, thereby safeguarding the fair and just resolution of legal proceedings.West Virginia Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order A West Virginia Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order is a legal document filed with the court to rectify a clerical error or omission in a prior court order or judgment. The Latin phrase "Nun Pro Tune" means "now for then," indicating that the correction shall have retroactive effect. This motion is brought when a mistake, oversight, or clerical error appears on a previously issued court order, which may have unintended consequences on the rights and obligations of the parties involved. By filing a Motion to Correct a Clerical Omission Nun Pro Tune, the applicant seeks to correct the court record accurately. There are different types of West Virginia Motions to Correct a Clerical Omission Nun Pro Tune, depending on the specific clerical error encountered. These can include: 1. Typographical Errors: These occur when there is a misspelling, transcription, or other minor typographical mistake in a court order. For example, incorrect dates, names, or numbers that misrepresent the actual intent of the court's decision. 2. Reference or Citation Errors: These arise when there is an inaccurate or incomplete reference to a document, statute, regulation, precedent, or other authority in the court order. It may involve missing or incorrect page numbers, incorrect citations, or references that do not support the court's reasoning. 3. Calculation Errors: These occur when there is an error in calculations, such as mathematical mistakes, clerical inaccuracies in monetary amounts, or errors in the computation of interest, penalties, or damages. 4. Inclusion or Exclusion Errors: These involve the inadvertent inclusion or exclusion of certain provisions, terms, or language in the court order, resulting in an unintended effect or an omission of critical information. It may involve missing paragraphs, sentences, or clauses that substantially alter the meaning or intention of the order. To file a West Virginia Motion to Correct a Clerical Omission Nun Pro Tune, the party seeking the correction must draft a motion specifying the error and the requested correction. It is essential to provide a detailed explanation of the mistake, supporting evidence, and demonstrate the impact of the clerical error on the order's validity or potential consequences. Upon filing the motion, it will typically be reviewed by the court before scheduling a hearing, although in some cases, the court may correct obvious or minor errors without a hearing. During the hearing, the party filing the motion must present their arguments and evidence supporting the proposed correction. The court will then deliberate and decide whether to grant the Motion to Correct a Clerical Omission Nun Pro Tune. In conclusion, a West Virginia Motion to Correct a Clerical Omission Nun Pro Tune in a Previous Order is a legal remedy available when a clerical error or omission is identified in a court order. By rectifying such mistakes, the court ensures that the order accurately reflects its original intent, thereby safeguarding the fair and just resolution of legal proceedings.
