Latin Legal Terms; Nunc Pro Tunc

Nunc pro tunc is a Latin term that means "now for then." It's a legal term that refers to the ability of a court to retroactively correct an error in a judgment or order to reflect

what was intended at the time the judgment or order was originally entered. The purpose of a nunc pro tunc order is to ensure that the record accurately reflects the court's original intent, even if the original order or judgment failed to do so.

Nunc pro tunc orders are typically used in situations where there was a clerical error, omission, or mistake in a court order or judgment. For example, suppose that a court enters a judgment in a case, but inadvertently omits an important provision that was agreed upon by the parties (e.g. a provision in a divorce decree restoring a party to her maiden name). A nunc pro tunc order could be used to correct the judgment and add the missing provision, with the effect that the judgment is deemed to have always included the provision.

 

It's important to note that a nunc pro tunc order is not a substitute for an appeal or a motion for reconsideration. A nunc pro tunc order can only correct certain errors. If a party wishes to challenge the substance of a judgment or order, they must do so through the appropriate legal actions.