Legal Definitions - nunc pro tunc judgment

A nunc pro tunc judgment (pronounced "nunk pro tunk") is a court order issued now that takes effect as if it had been issued at an earlier date. The Latin phrase "nunc pro tunc" literally means "now for then."

This type of judgment is used by a court to correct a clerical error, an oversight, or an omission in a previously issued judgment or court record. Its purpose is to ensure that the written record accurately reflects what the court actually decided or intended at the time the original judgment was made. It is important to note that a nunc pro tunc judgment cannot be used to change the substance of a court's decision, to correct a judicial error (where the court made a mistake in its legal reasoning), or to revisit the merits of a case. It solely serves to correct the record to reflect the truth of what occurred or was intended.

Here are some examples:

• Correcting a Divorce Decree: Imagine a couple finalized their divorce, and the judge orally approved a settlement agreement that included the division of a specific investment account. However, when the written divorce decree was drafted and signed, the investment account was accidentally omitted from the list of divided assets. Years later, when one party tries to access the account, the discrepancy is discovered. A court could then issue a nunc pro tunc judgment to amend the original divorce decree to include the division of that investment account. This judgment would be effective from the original date the divorce was finalized, ensuring the legal record accurately reflects the court's original intent and the parties' agreement at that time.

• Rectifying a Typo in a Court Order: A court issues an order approving a significant business transaction between two companies. However, due to a clerical error, the written order mistakenly misspells the name of one of the companies or misstates a crucial date for a payment deadline that was clearly agreed upon in court. To prevent future legal complications or confusion, one of the parties could petition the court for a nunc pro tunc judgment. The court would then issue an order correcting the misspelled name or the incorrect date, making this correction effective from the date the original order was issued. This ensures the official record accurately reflects the court's original decision without altering its substance.

• Amending a Probate Distribution Order: In a probate case, a court issues an order distributing a deceased person's real estate to their heirs. Later, it is discovered that the legal description of one of the properties in the court order contains a minor clerical error, such as an incorrect lot number or a misplaced boundary marker. This error could cause issues with property deeds and future sales. To rectify this, the court could issue a nunc pro tunc judgment to correct the property description. This judgment would ensure the land records accurately reflect the court's original intent for distribution, effective from the date of the initial probate order, without changing who inherited the property.