Eighth Judicial Court Rules

Rule 7.22 – Nunc pro tunc orders.

Rule 7.22. Nunc pro tunc orders.

  • (a) If, through any inadvertence, an order or decree fails to state the order actually made by the court, and such inadvertence is brought to the attention of the court by petition, or on its own motion, the court may make a nunc pro tunc order correcting the mistake.

    (b) The nunc pro tunc order must be in the form of an amended order, and must bear the caption “Amended Order of . . . .” The body of the amended order must be identical to the order being changed, except for the change itself, and conclude with the language substantially as follows: “This is a nunc pro tunc order correcting the prior order of . . . dated . . . .”

    The form of the amended order must be accompanied by a verified petition, or affidavit of counsel, specifying the change and the reasons therefor. If the order sought to be amended is of many pages in length, the court may consider a document captioned “Amendment to Order of . . . .” which addresses the change alone, together with a sufficient recitation to identify that change, and conclude with language substantially as follows: “This is a nunc pro tunc order correcting the prior order of . . . dated . . . .” The form of amendment to the order must be accompanied by a verified petition, or an affidavit of counsel, specifying the reasons therefor.

    (c) The original order is not to be physically changed, but is to be used in connection with the nunc pro tunc order correcting it. To prevent further errors, a complete clause or sentence should be stricken, even if the amendment is intended to correct only one word or a single figure.