A clerical error is a mistake found in a court order. You can correct a clerical error by filing a document with the court called a motion for judgment nunc pro tunc.
What is a clerical error?
A mistake in a court order is called a clerical error.
What is considered a clerical error?
Some examples are a typographical error, an incorrect date, mathematical error, and differences between the judgment signed and the judgment the court intended to sign.
When is it necessary to fix a clerical error?
For a court order to be enforced and followed, it must be very specific. Any clerical error should be corrected if there is any possible uncertainty.
How do I fix the mistake?
You can fix the clerical error by filing a document with the court called a motion for judgment nunc pro tunc.
What is a motion for judgment nunc pro tunc?
A motion for judgment nunc pro tunc asks the judge to issue a new judgment or order that contains the correct information.
Can I use a motion for judgment nunc pro tunc in any type of case?
Any civil case, including but not limited to a personal injury suit, a divorce, or child custody and support matter. Motions for judgment nunc pro tunc can also be used in criminal cases.
How do I file a motion for judgment nunc pro tunc?
Use this guide to ask the court for a corrected document.
Is there anything I need to do before filing a motion for judgment nunc pro tunc?
Yes. Before filing a judgment nunc pro tunc you must determine whether the court’s plenary power has expired. A court’s plenary power typically expires 30 days after the judge signs the judgment. If the court’s plenary power has not expired you do not need to file a motion for judgment nunc pro tunc.
What if I don’t agree with the decision the court made and I want to change it?
If you do not agree with the court’s decision, this is called a judicial error. A motion for judgment nunc pro tunc is not intended to correct a judicial error. You must pursue a different remedy to correct a judicial error.
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