nunc pro tunc


Also found in: Wikipedia.

Nunc Pro Tunc

[Latin, Now for then.] When courts take some action nunc pro tunc, that action has retroactive legal effect, as though it had been performed at a particular, earlier date.

The most common use of nunc pro tunc is to correct past clerical errors, or omissions made by the court, that may hinder the efficient operation of the legal system. For example, if the written record of a trial court's judgment failed to correctly recite the judgment as the court rendered it, the court has the inherent power to change the record at a later date to reflect what happened at trial. The decision, as corrected, would be given legal force from the time of the initial decision so that neither party is prejudiced, or harmed, by the error. The purpose of nunc pro tunc is to correct errors or omissions to achieve the results intended by the court at the earlier time.

nunc pro tunc

(nuhnk proh tuhnk): adj. Latin for "now for then" this refers to changing back to an earlier date of an order, judgment, or filing of a document. Such a retroactive re-dating requires a court order which can be obtained by a showing that the earlier date would have been legal, and there was error, accidental omission, or neglect which has caused a problem or inconvenience which can be cured. Often the judge will grant the nunc pro tunc order ex parte (with only the applicant appearing and without notice). Examples: a court clerk fails to file an answer when he/she received it, and a nunc pro tunc date of filing is needed to meet the legal deadline (statute of limitations); a final divorce judgment is misdirected and, therefore, not signed and dated until the day after the re-marriage of one of the parties---the nunc pro tunc order will prevent the appearance or actuality of a bigamous marriage.

nunc pro tunc

noun acknowledged, operative with respect to the past, ratified, reaffirmed, reconfirmed, reendorsed, reestablished, retroactive effect, retrospective effect, revalidated
Associated concepts: nunc pro tunc order

NUNC PRO TUNC, practice. This phrase, which signifies now for then, is used to express that a thing is done at one time which ought to have been performed at another. Leave of court must be obtained to do things nunc pro tunc, and this is granted to answer the purposes of justice, but never to do injustice A judgment nunc pro tunc can be entered only when the delay has arisen from the act of the court. 3 Man. Gr. & Sc. 970. Vide 1 V.. & B. 312; 1 Moll. R. 462; 13 Price, R. 604; 1 Hogan, R. 110.

References in periodicals archive ?
Byer was suspended for a period of three years nunc pro tunc June 20, 2006, based on his plea of guilty to the federal charge of misprision of a felony.
Legally speaking isn't that nunc pro tunc (now for then) when judges correct a 'clerical error' or allocution (openly admitting guilt)?
O'Brien's resignation on the grounds of age had been accepted by Benedict Vatican hierarchy past masters in arts of shutdown' on a confidential basis of nunc pro tunc (now for later) - a clear indication that Benedict wanted the Scottish cardinal to cast a vote in the election of his successor.
In an unsuccessful effort to move the clock back in his favor, one enterprising defendant actually got his state judge to issue his order nunc pro tunc.
Buccino's retention was approved nunc pro tunc by the Bankruptcy Court on April 29, 2009.
Anthony Martin, 63, of Connecticut, was sentenced to six concurrent terms of 10 years in Walpole State Prison after pleading guilty to breaking and entering in the daytime with intent to commit a felony, breaking and entering in the daytime with intent to commit a felony and putting a person in fear, larceny over $250 from a person over 60 years old or disabled, and three counts of being a habitual criminal nunc pro tunc to Oct.
Scrawling nunc pro tunc on a form filed late won't do either.
12, 2004) (replacing nunc pro tunc an earlier order dated Nov.
140) Schiro objected to this nunc pro tunc entry(141) as a violation of the Double Jeopardy Clause and claimed that it was inconsistent with the Indiana Code.
Here, the Delaware County court did not label its "Order for Modification" a nunc pro tunc order and nothing in the order itself shows that it was issued to correct an error or inadvertence appearing in the original order.
Subsequently, the executor obtained a nunc pro tunc order from the Probate Court retroactively ratifying these distributions.
Xiques was suspended for three years effective nunc pro tunc July 2, 2007, as a result of his entering an unconditional guilty plea and consent judgment for discipline based on his mishandling of several real estate transactions in which he failed to properly maintain and apply trust account funds only to the purpose for which they were entrusted.