Some examples of clerical errors:. Ask yourself whether the judge had to apply legal or judicial reasoning when making their decision in court. If they did, and you believe there is a mistake about the outcome, or the law, talk to an appellate appeals attorney.
A motion for judgment nunc pro tunc is not intended to correct a judicial error. There are several different options for challenging a judgment you do not agree with. But, being unhappy with the outcome is rarely grounds to support an appeal.
For more about appeals, click here. A motion for judgment nunc pro tunc is available in limited circumstances only. If you believe that the judge misapplied the law, an appeal might be the way to go. The best option is to talk to your attorney. 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. A court has plenary power over its judgment until the order is final.
There is only one final judgment in a lawsuit. For a court order to be enforced and followed, it must be very specific. Any clerical error should be corrected if there is possible ambiguity.
With a motion to modify, you are asking the court to change its order. As with a motion for judgment nunc pro tunc, the subject matter for a motion to modify can include correcting a mistake. However, a motion to modify typically must be filed within 30 days after the court signed the judgment. In legal jargon, think of it as meaning that the judgment is being corrected now to reflect what the court did then, when it rendered the judgment.
Deadlines and timing are extremely important in any court case. Keep in mind that you should probably not use a motion for judgment nunc pro tunc to correct a mistake if the court still has the power to change its own orders—for example, if it has been less than 30 days since the judge made a final decision in court. Common Topics. Family, Divorce, and Children. All Topics. Court Basics. Individual Rights. Name Change. Protection from Violence or Abuse. Self Help. Featured Self-Help.
Self-Help Guides. Ask a Question. For example if you served the other party on May 1, earliest date for termination of the marriage would be November 2, but it is now January 4, of the following year. You can ask the Court to enter the judgment as of the prior year and explain that you need the order because you have remarried and you need the tax advantages of single filing; or whatever else is the reason. Here are some other examples: A judgment may be entered nunc pro tunc to a date prior to the death of a party even though 1 no subsequent marriage is involved and 2 a surviving spouse will be divested of rights by such entry of judgment.
Waller v. Waller 3 CA 3d , Marrige of Frapwell 53 CA 3d , The court may grant nunc pro tunc entry of a judgment on its own motion or on that of a party to the action. This right has been extended to the putative spouse of one whose previous marriage was not finally terminated at the time of the subsequent marriage, to a child seeking to establish his or her legitimacy and the personal representative of a deceased party.
In no event, however, may a judgment obtained by a contested trial be deemed entered as of a date before the trial. If you are considering using the nunc pro tunc process, you should contact a family law attorney to make sure you are correctly following court procedure.
Contact me at amanda gordonfamilylaw. Thank you! Gordon Family Law will be in touch within 24 hours. Here are some resources to get started:. Frequently Asked Questions About Divorce. What can I include in my Premarital Agreement? T: — F: — Gordon Family Law.
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