Re: Nunc pro tunc/Judgment

Posted by CAK (66.140.213.155) on December 01, 2003 at 18:01:07:

In Reply to: Nunc pro tunc/Judgment posted by NeedHelpwithJudgment on December 01, 2003 at 13:57:57:

The Nunc Pro Tunc Order, is done on regular pleading paper listing the Plaintiff, Defendant, Case No., Division No., and date. Its header looks like this;

MEMORANDUM ORDER AND JUDGMENT CORRECTING (ORIGINAL JUDGMENT DATE) JUDGMENT NUNC PRO TUNC

It will state this;

On (Date of Judgment), a Judgment was entered in the above case in favor of Plaintiff and against Defendant.

In reviewing the instant file, it has been determined that (Defendant Name) was not served with process in the above case. The entry of a Judgment on (Date of Judgment) against Defendant was entered in error.

In accord with (your states rule for clerical errors), it is ORDERED that the Judgment of (Date of Judgment) is corrected per the Amended Judgment Nunc Pro Tunc, attached hereto.

The court apologizes to Plaintiff for the error in this case.

SO ORDERED,

(Judge Signature)

CC: Attorney's or parties of record

As you can see this is not difficult to have done.
As I said before, Clerks do not like to admit they make mistakes, but they are obligated to correct their mistakes upon reviewing the case file and checking the server's return. If it shows no service, they must amend the Judgment as in the above Order, as it is a clerical error, or you have legal recourse against Clerk.

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