Family Law Questions? Ask a Family Lawyer Online.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.
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.
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".
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.
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.
You're very welcome.