Nunc Pro Tunc

Copyright (c) 2014 Mark Shapiro

Nunc Pro Tunc is a Latin expression that is a legal term. Nunc pro tunc means now for then (a correcting court-endorsed decision that relates back to a previous court ruling). Usually, if a court approves a "nunc pro tunc" order, it applies back to correct an earlier entry in that same court. Nunc pro tunc orders are very rarely used, and aren't usually used for fixing clerical errors.

I am a Judgment Broker, not an attorney, and this article is my opinion, please consult with a lawyer if you need legal advice. The majority of courts are authorized to issue a nunc pro tunc judgment to correct errors in recording an earlier court decision. A nunc pro tunc order's function is merely to correct the record of the judgment, and is not intended to change a judgment actually issued.

As an example, if a plaintiff sues 4 defendants and the judge grants a judgment to a plaintiff against all four of the defendants, but a court clerk accidentally enters into the record that the plaintiff is awarded a judgment against just against one of the defendants; the court can later render a nunc pro tunc order to clarify and fix the mistake in recording the judgment.

Occasionally a judge may say they did not have a Latin-English dictionary with them when you first present a nunc pro tunc pleadings. If this should happen, politely remind the judge what nunc pro tunc orders are used for. This kind of pleading might be as simple as this:

JUDGMENT IS ENTERED in favor of XXXXXXXX and against XXXXX, LLC. and ZZZZZZZZ, LLC in the amount of $55,154.34.

Judgment debtors are all jointly and severally responsible for the total amount of the judgment including all past and future interest and attorneys fees. Post judgment interest shall be calculated from the date of the entry of the original judgment, which was February 12, 2013.

IT IS ORDERED THAT the Judgment in this matter shall be amended to add the name of XXX, LLC as a judgment debtor jointly and severally responsible for the total amount of the judgment including all past and future interest, and attorneys fees with post judgment interest calculated from the date of the entry of the original judgment.

There is not any drawbacks to requesting and filing an amended nunc pro tunc judgment and adding the name of any more defendant(s); while not deleting the name of the original defendant. You might need to file an Application for Entry of Nunc Pro Tunc Amended Judgment and serve that on the parties if a court clerk disagrees.

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