PEOPLE'S LEGAL FRONT

BECAUSE THESE ARE NOT THE TRADE SECRETS OF ATTORNEYS

LAWS MOTIONS LINKS
IN THE 29th JUDICIAL CIRCUIT COURT,

JASPER, COUNTY

STATE of MISSOURI


 
 

______________, Respondent

______________, Attorney                                      case #

        V                                                      appeal #
______________ , Appellant

MOTION FOR NUNC PRO TUNC ORDER

TO CORRECT AND CERTIFY THE RECORD ON APPEAL

Comes now the appellant,____________________________________,

and asks that the trial court correct the record on appeal. Appellant first finds the legal file inaccurate and in some cases not properly file stamped. Appellant, further, finds the transcript incomplete, and inaccurate, as well as not properly certified. Appellant takes this motion pursuant to RSMo 512.110(3), Missouri Supreme Court Rule 81.12(c); as maintained in Hendershott v. Minich 297 S.W. 2ND 403, as well as Karr & Conn V. Cade School Coop of Drainage District App. 297 S.W. 730 . Further, as to certification Missouri Supreme Court Rule 30.04(g), 81.15(b) specifically maintains the transcriber or Court Reporter certify transcript, and further, in the case of an abbreviated transcript not agreed upon the trial court must so certify, pursuant St. Louis Housing Authority V. Evans 285 S.W. 2 550. Appellant asks that the following documents be corrected and certified:

1. Documents Title:

A) Letter, p.47 of the legal file, filed stamped October 1,1997 has no docket entry in the docket sheets.

Request appropriate entry be made.

B) Letter, p. 48 of the legal file, filed stamped October 1, 1997 has no docket entry in the docket sheets.

Request appropriate entry be made.

C) Letter, p.50 of the legal file, filed stamped September 29, 1997 does not have a corresponding docket entry.

Request appropriate entry be made.

D)All Notice of Docket Entry have no file stamp.

Request the file stamped copies of the original.

E)Check #___________, p. 65 of the legal file, has no file stamp.

Request the filed stamp copy of the original.

F) Letter from the trial court’s clerk to Appellant, p. 67 of the legal file, has no file stamp. This letter was used to inform the appellant to pick the available documents for certification from the docket sheets; however, appellant notes that not all documents filed in this case are present in the docket sheets.

Request the file stamped copy of the original.

Request the filed stamped copy of the original.

G) Affidavit, p. 72 of the legal file, dated 08-28-97 is incomplete.

Request the filed stamped copy of the original.

H) MOTION TO PROCEED AS A POOR PERSON, p. 138 of the legal file, dated 08-06-97 is not complete.

Request the filed stamped copy of the original.

I) MOTION FOR TEMPORARY CUSTODY AND CHILD SUPPORT, p. 139 of the legal file, has two file stamps on it 08-05-97, and 08-06-97 as well as incomplete.

Request the filed stamped copy of the original.

J)

K) Letter requesting Legal File, P. 141 of the legal file, has no docket entry and appellant questions weather this document has been properly filed stamped.

Request the filed stamped copy of the original.

L) Judgment entry, p. 166 of the legal file, filed stamped 06-26-97 has no corresponding docket entry.

Request the appropriate entry be made.

M) Docket Sheet, p. 168 of the legal file, is not an original and appellant questions this documents authenticity.

Request the filed stamped copy of the original.

N) Recording Log, p. 176 of the legal file, for 06-05-97 is incorrectly dated as 06-04-97.

Request the filed stamped copy of the original.

O) MOTION TO COMPEL, p. 179 of the legal file, filed stamped 06-05-97 is incomplete.

Request the filed stamped copy of the original.

P) Document, p. 201 of the legal file, has two file stamps 2-18-97 and 03-12-97 the documents signed has dated signature 02-13-97 and notes indicate that it was mailed 02-20-97. There are no docket entries for any of these dates in the docket sheets.

Request the appropriate entries be made.

Q) Document, p. 204 of the legal file, has two file stamps 02-11-97 and 12-30-96 and no corresponding docket entry.

Request the filed stamped copy of the original.

Request the appropriate entries be made.

R) Document, p. 206 of the legal file, has two file stamps 01-07-97 and 02-11-97 with no corresponding docket entry.

Request the appropriate entry be made.

S) Subpoena, p.225 of the legal file, contains no return file stamp.

Request the filed stamped copy of the original.

T) Letter, p. 229 of the legal file, has no file stamp and no docket entry. This document appears to be stamped received however, one cannot read said stamp to identify that information.

Request the appropriate entry be made.

Request the filed stamped copy of the original.

U) MODIFICATION JUDGMENT AND ORDER, p. 231 of the legal file, file stamped 11-15-96 has no corresponding docket entry.

Request the appropriate entry be made.

V) Letter, P. 238 of the legal file, has no file stamp.

Request the filed stamped copy of the original.

W) TEMPORARY ORDER, p. 239 of the legal file, file stamped 10-11-96 does not match the written order maintained in the docket sheets for the same court date in the appellant’s humble opinion.

Request the filed stamped copy of the original.

X) Letter, p. 245 of the legal file, stamped 09-25-96 is stamped by the Associate Court and does not have the appropriate circuit court stamp, and there is no docket entry.

Request the filed stamped copy of the original.

Request the filed stamped copy of the original.

Y) Letter, p. 247 of the legal file, dated 08-27-96 has no file stamp and there is no docket entry.

Request the filed stamped copy of the original.

Z) ORDER,, p. 250 of the legal file, dated 7-25-96 has no file stamp and no docket entry.

Request the filed stamped copy of the original.

AA)CONDITIONAL ORDER OF RELEASE, p. 255 of the legal file, dated 7-15-96 has no file stamp.

Request the filed stamped copy of the original.

AB)ORDER TO SHOW CAUSE, p. 262 of the legal file, filed stamped 5-21-96, is entered in the docket sheets on 5-28-96.

Request the appropriate entry be made.

AC)STIPULATION, p. 274 of the legal file, filed stamped 5-3-96 has no docket entry.

Request the appropriate entry be made.

AD)Recording Log, p.282-283 of the legal file are improperly numbered. Appellant maintains that these recording log sheets are not copied from the original document.

Request the appropriate entry be made.

Request a certified copy of the original.

AE)Petitioner’s request for transcripts for record on appeal, p. 286 of the legal file, dated 4-10-96 and filed stamped 4-16-96 has no docket entry.

Request the appropriate entry be made.

AF)JUDGMENT AND ORDER, p. 308 of the legal file, filed stamped 3-18-96 has no docket entry.

Request the appropriate entry be made.

AG)SUMMARY OF MARITAL AND NON MARITAL AND NON-MARITAL PROPERTY AND LIABILITIES, p. 326 of the legal file, filed stamped 2-14-96 has no docket entry.

Request the appropriate entry be made.

AH)Guardian Ad Litem bill, p. 331 of the legal

file, filed stamped 2-13-96 has no docket entry.

Request the appropriate entry be made.

AI)APPLICATION TO WITHDRAW, p. 352 of the legal file, dated 12-28-95 has no file stamp and is noted in the docket sheets on 01-02-96.

Request the appropriate entry be made.

AJ)ORDER, p.388 of the legal file, dated 8-1-95 has no file stamp or docket entry.

Request the filed stamp copy of the original

2. Transcripts for June 5, 1997: as maintained in transcript on page 2 is incorrect in that the transcript does not reflect statements made by the trial judge to the witness concerning the faulty sound recording equipment. The appellant notes to the court that copies of the taped proceedings for this date have been acquired via the Court Administrators Office Ms. Lori Knollmeyer.

3. The Transcript for 6-5-97: at page 4 directly after the trial judge’s apology. Trial judge notes the need for the witness to speak in to the microphone due to the problem with the recording equipment. This has been left out of the transcript.

4. Appellant contends that the transcripts for 6-5-97 are inaccurate and does not reflect the actual record of the events that transpired that day on page 18 of the 6-5-97 abbreviated transcript. Specifically, where Mr. ______________ ended his cross examination of the witness #1, ______________ .

5. Appellant maintains that the transcript for 4-18-96 is inaccurate as to the record.

6. Appellant maintains that the transcript for 12-27-96 is inaccurate.

Therefore; appellant must ask that the original recording’s of the proceedings be submitted for review by the appellant pursuant to Mo. S. Ct. Ad. Rule 5.11; and, The 29th Judicial Circuit make the appropriate corrections. Further, Lori Knollmeyer of the Court Administrator’s Office did so certify, the transcript of these documents and failed to comply with the Court’s Clerk Manual on Sound Recording Proceeding in that the recording logs do not follow the transcription.

Therefore, the appellant requests that the court realize that it has the power and jurisdiction to correct its own record, and grant the appellant a hearing and an opportunity to have witnesses, and evidence be presented on appellant’s behalf which would support appellants version.

respectfully submitted,

_____________________________________________

Springfield, Mo. 65806

CERTIFICATE OF SERVICE

I, YOUR NAME, , do swear and affirm that one true and accurate copy of the foregoing was mailed postage prepaid on this day of , 199 to Mrs, attorney for the respondent as well as to the guardian as litem Mr.  at their offices:

1) Mr. PO box_____ Joplin Mo. 65555.

2) Mrs  P.O. Box_____ Carthage Mo. 657575.
 
 

signature

IN THE ____th CIRCUIT COURT,

_______________, COUNTY

STATE of MISSOURI


 
 

STATE of MISSOURI, Plaintiff

, Attorney

V CASE #CV - (DR)

, Defendant

CERTIFICATE OF SERVICE

Comes now the defendant, (your name) ,

and does swear and affirm that one true and accurate copy

of the foregoing was mailed, postage prepaid, on this(day)

day of (month) , 199__, to (plaintiff’s attorney name) ,

P.O. box , (plaintiff’s attorney address) _

_________________________________________________________.

Missouri, 6(zip).

1) (name of motion you have filed)___________________________

_________.

2)___________(any other motion)___________________________

____________________________________________________________

3)___________________________________________________

__________________________________________________________

Respectfully submitted,

___________________________________________(signature)

___________________________________________________________________(name)

_______________________________________________________________ (address)

________________________________________________________________

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