Legal Definitions - Nunc pro tunc

Nunc pro tunc is a Latin legal phrase meaning "now for then." It refers to an action taken by a court that is made effective retroactively, as if it had occurred at an earlier date. Courts use a nunc pro tunc order primarily to correct a clerical error, an oversight, or an omission in the court's records or a previous order, ensuring the record accurately reflects what actually happened or was intended to happen at the earlier time. It is generally not used to change a substantive decision or to correct an error in judgment, but rather to fix the written record to align with reality or a prior intention.

Here are some examples to illustrate how nunc pro tunc orders are applied:

• Correcting a Clerical Error in a Judgment Date:

  Imagine a judge signs a final judgment in a civil case on June 15th, but due to a typing error, the court clerk accidentally records the date of entry as May 15th in the official court docket. If this error is discovered later, perhaps when a party needs to file an appeal within a specific timeframe from the *actual* judgment date, the court can issue a nunc pro tunc order. This order would correct the official record to show the judgment was entered on June 15th, making the correction effective as if the record had always reflected the correct date. This ensures the court's records accurately reflect when the judgment was truly finalized.

• Formalizing an Unrecorded Verbal Order:

  During a busy court hearing, a judge might verbally instruct the parties to exchange certain documents by a specific deadline. Both parties acknowledge and proceed to comply with this instruction. However, due to an administrative oversight, a formal written order memorializing this instruction is not immediately drafted and entered into the court's system. If a dispute later arises about the deadline, the court can issue a nunc pro tunc order to formally record the verbal instruction, making the written order effective as of the date the verbal instruction was originally given. This validates the actions taken by the parties based on the judge's original command.

• Amending an Omitted Detail in a Divorce Decree:

  A couple finalizes their divorce, and their settlement agreement explicitly stated that a specific retirement account would be divided equally between them. When the final divorce decree was drafted and signed by the judge, this particular detail about the retirement account was inadvertently left out of the official document. Years later, when one party attempts to claim their share of the retirement account, the omission in the decree becomes problematic. A court can issue a nunc pro tunc order to amend the original divorce decree to include the division of the retirement account, making this addition legally effective from the date the original decree was issued. This ensures the decree accurately reflects the parties' original agreement and the court's intent at the time of the divorce.