How Do You Request A Nunc Pro Tunc Retroactive Court Order?
Occasionally, clerical mistakes are made in court documents or mistakes in filing made by the court clerkâs office. To rectify this, parties to a case can correct those mistakes by court order using a procedure known as “nunc pro tunc.” This is a Latin word which literally means “now for then.” Stated more simply, nunc pro tunc orders apply actual facts to a case by retroactive application. For instance, if the court clerk file stamped a document as having been filed on January 1, 2008, when in fact it was filed two days earlier than that date, a party may file a request for a nunc pro tunc order. The order would relate back to the actual filing date and treat the erroneous filing date as null and void. Start with an existing court order. Locate and hire an attorney, if needed. You can locate attorneys by specialty and location at the Martindale website. Type a simple motion form with proof of service by mail page and a verification form. The motion should also contain one or more decl