There are times in which an order needs to be corrected. There are two ways to correct an order. One way is with an Amended Order, which is the focus of this overview. Another way is the Order Nunc Pro Tunc.
An application or motion to amend or modify a judgment can be filed within 30 days after a journal entry is filed. The time could be extended if the movant is not the party who prepared the order and the copy of the written order was not mailed to the movant within three (3) days (Title 12 O. S. §1031.1 (OSCN)). Examples of the types of errors that would require an “amended order” to cure are: judgments for an incorrect amount of support for a past period, an order that does not include all the names of the children for whom a duty of support is alleged to be owed. The responding party is required to be notified and a hearing set. Some types of errors may be corrected after thirty (30) days (Title 12 O. S. §1033 (OSCN)). The CSS attorney should be consulted before proceeding.