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. Another way is the Order Nunc Pro Tunc, which is the focus of this overview.
Literally, this Latin phrase means “now for then” and refers to acts allowed to be done after a time when they should have been done, with retroactive effect (Black’s Law Dictionary, 1968). An Application for an Order Nunc Pro Tunc is filed to request that the court correct a clerical error or omission in an order (Title 12 O. S. §1032 (OSCN)). The application or motion should be filed with the Court and notice given to the opposing party. Examples include orders that have the wrong year stated in them, where there is a misspelling of a word or name or typographical error in a legal property description. Often, the Application and Order Nunc Pro Tunc can be filed on joint request, with opposing counsel signing an agreed Order Nunc Pro Tunc. A sample Application and sample Order are below.
Application for Nunc Pro Tunc Example
[Insert Case Caption]
APPLICATION FOR NUNC PRO TUNC ORDER
Comes now the Department of Human Services, Child Support Services Division, and respectfully shows the Court:
- A Modified Child Support Order and Judgment was entered on October 26, 1998 in which (MOTHER) was ordered to pay 70 per cent and (FATHER) was ordered to pay 30 per cent of any uninsured medical expenses. The true and accurate information is (MOTHER) shall pay 30 per cent and (FATHER) shall pay 70 per cent of any uninsured medical expenses.
WHEREFORE, the Child Support Services Division requests that the October 26, 1998 order be corrected to reflect that (MOTHER) shall pay 30 per cent and (FATHER) shall pay 70 per cent of any uninsured medical expenses.
Date: __________________
____________________________________
[attorney name], OBA # [OBA number]
Attorney for the Child Support Services Office
[Insert Office address and phone]
Order for Nunc Pro Tunc Example
[Insert Case Caption]
ORDER FOR NUNC PRO TUNC
On __________________, this cause comes before the Court on the Application for Nunc Pro Tunc Order filed by the Department of Human Services.
Department of Human Services appears through [attorney name], Attorney for the Child Support Services Division. No other parties appear.
The Court, upon hearing statements of counsel, FINDS that the request of the Child Support Services Division to correct the order to reflect the appropriate percentages that each parent should pay for uninsured health expenses pursuant to the Child Support Guidelines should be granted.
IT IS THEREFORE ORDERED that the October 26, 1998 Modified Child Support Order and Judgment be corrected to reflect that (MOTHER) shall pay 30 per cent and (FATHER) shall pay 70 per cent of any uninsured medical expenses.
APPROVED AS TO FORM:
[attorney name], OBA # [OBA number]
Attorney for the Child Support Services Division
Department of Human Services
[Office street address]
[City, State, Zip]
[phone number]
FAX [fax number]
[judge name]
Administrative Law Judge