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LAWS MOTIONS LINKS
IN THE 37TH JUDICIAL DISTRICT OF THE STATE OF MISSOURI
HOWELL COUNTY
Lee Allen Martin, Petitioner                                           ;                            )
                                          & nbsp;                                          &nbs p;                                  )
                    Vs                                           & nbsp;                                          &nbs p;        )         Case No: CV398-699CC
                                          & nbsp;                                          &nbs p;                                  )
Director of Revenue,                                          & nbsp;                                         )
State of Missouri, Respondent                                           ;                        )

MOTION FOR NUNC PRO TUNC ORDER TO CORRECT COURT RECORD

        Comes now the plaintiff, Lee Allen Martin, and does request that the honorable court correct the Court Record. Specifically, plaintiff requests that the official docket entry for the 21st day of December 1998 note that a hearing was held, all parties were present, argument was heard on legal issues, motions that were presented to the court, and any and all objections made before the court. Plaintiff makes this motion pursuant to RSM0 512.110.3 and Mo.S.Ct. Rule 81.12 c as the Missouri Courts have ruled in Hendershot v Minich 297 S.W. 2nd 403 and Karr and Conn v Cade School Coop of Drainage District App. 297 S.W. 730. Plaintiff states that it has long been held that the trial court has control over its official record and can amend said record to speak the truth.

        Wherefore, the docket entry of 21st day of December 1998 does not accurately reflect or note the hearing held on said date and does not give a full accounting of the events of that date, plaintiff must request relief from the court to correct its own record.

Respectfully Submitted,

Lee Allen Martin
7050 County Road 2810
West Plains, Mo. 65775
 

CERTIFICATE OF SERVICE

        By signature below, I hereby certify that a true and correct copy of the foregoing petition was served upon the Prosecutors’ Office at the Howell County Court House, West Plains, MO 65775 by fax on 12-28-98.

                                    So certified: _____________________________

                                                                  Lee Allen Martin

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