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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33264
Experience:  Began practicing Family Law in 1992
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I need to know if there is a statute of limitations on

Customer Question

I need to know if there is a statute of limitations on filing a motion for judgment nunc pro tunc
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: No I am not hiring a lawyer, my previous lawyer was the cause of the clerical error.
JA: The lawyer is ready to answer your family law question. Is there anything else you want him to know?
Customer: No
Submitted: 8 months ago.
Category: Family Law
Expert:  JD 1992 replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Customer: replied 8 months ago.
I need to know if there is a statute of limitations on filing a motion for judgment nunc pro tunc
Expert:  JD 1992 replied 8 months ago.

No, there is no time limit on a Motion for Judgment Nunc Pro Tunc since all it is doing is correcting a clerical mistake and isn't making a substantive change.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 8 months ago.
What is considered a substantive change though?
Customer: replied 8 months ago.
The error that they are attempting to correct will extend the visitation period by another year.
Expert:  JD 1992 replied 8 months ago.

A judgment nunc pro tunc is used to correct things like a misspelling of a name, a wrong number at some point, things like that. It is where the order written differs from the judge's oral order. So if, for instance the judge said the visitation period is to continue through 2019 and someone entered 2018 by mistake, the judge could correct the judgment to reflect the correct date to 2019. It could not be used just because a party disagrees with the order, it has to have been a "transcription mistake".

Customer: replied 8 months ago.
if the signed order differs from the mediation agreement, but there is a clause in the order stating if there is any difference between the two that the order is final, they could not use a motion for judgment nunc pro tunc to change the difference?
Expert:  JD 1992 replied 8 months ago.

That would likely mean it is not a judgment nunc pro tunc, it is a substantive judgment and the judge would only have thirty days from the date of the judge's signature to correct the problem.

Customer: replied 8 months ago.
if the petitioner of the motion didn't file until almost a year after the judgment, they can't have it changed?
Expert:  JD 1992 replied 8 months ago.

Not if it is a substantive change, which is what it sounds like from the last post. They can still file the motion but the other side can respond that what they're trying to do is not correct a clerical mistake.

Customer: replied 8 months ago.
Ok, thank you.
Expert:  JD 1992 replied 8 months ago.

You're very welcome.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.