nunc pro tunc


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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 ?
Basically, it's only for purposes of the bar exams that you need to know reserva troncal, and the doctrine of nunc pro tunc.
By an order dated October 27, 2010, he received a two-year suspension, nunc pro tunc, for the felony charge and for neglect of several client matters.
An appeals court determined that posthumous nunc pro tunc orders filed by the ex-spouse of a retirement plan participant in Connecticut are valid qualified domestic relations orders (QDROs)-and thus have sufficient standing to direct the flow of the deceased's retirement plan assets in three retirement plans he participated in.
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.
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.
Having failed to bargain for such protection before the fact and having failed to identify any actual reliance, KBC now asks us in effect to rearrange nunc pro tunc the relations of Pertamina and the Republic of Indonesia in KBC's favor.
Later he sought pro hac vice permission from the Rhode Island Supreme Court not only to continue to provide legal services before that agency but to have the admission apply nunc pro tunc from the date of his first appearance before the board.
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.