Order nunc pro tunc to correct previous order: Issuance; form; use of original order; manner of correction.
1. If through inadvertence or mistake an order entered fails to state correctly the order made by the court, and the inadvertence or mistake is brought to the attention of the court by petition or the court acts on its own motion, the court may enter an order nunc pro tunc correcting the previous order.
2. The order nunc pro tunc must be in the form of an amended order and bear the caption “Amended Order of .....” The body of the amended order must be identical to the order being corrected, except for the correction, and conclude with language substantially as follows: “This is an order nunc pro tunc correcting the previous order of ...., dated .....”
3. If the order to be amended is many pages in length, the court may cause to be filed a document captioned “Amendment to Order of ....” which addresses only the correction, together with sufficient language to identify the correction, and concludes with the same language as an amended order. Such an amendment to an order must be accompanied by a verified petition, or an affidavit of counsel, specifying the reasons for the correction.
4. The original order may not be physically changed, but must be used in conjunction with the order nunc pro tunc correcting it. In making corrections in the amendment document, a complete clause or sentence must be stricken and replaced, even if the only change is to correct a single word or figure.
Last modified: February 25, 2006