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Nunc Pro Tunc

Nunc Pro Tunc is a Latin expression that is used as a legal term. It means now for then (a correcting court-endorsed decision that relates back to a previous court decision). Usually, when a court renders a nunc pro tunc order, it applies retroactively to correct an earlier ruling from that same court. Nunc pro tunc orders are rarely used, and are not usually used for fixing simple clerical errors.

I am a Judgment Broker, not a lawyer, and this article is my opinion, please consult with a lawyer if you need legal advice.

Most courts are authorized to grant a nunc pro tunc judgment to correct errors in recording a previous decision of the court. A nunc pro tunc order's function is merely to correct the record of the judgment, and not to alter the judgment actually rendered.

For example, if plaintiff sues four defendants and the judge grants a judgment to the plaintiff against all four of the defendants, but the clerk mistakenly enters into the record that the plaintiff is awarded a judgment against only against one of the defendants; the court can later enter a nunc pro tunc order to fix and clarify the error in recording the judgment.

Occasionally a judge will say that they did not have a Latin-English dictionary with them when you first present your nunc pro tunc pleading. If that happens, politely remind the judge what nunc pro tunc orders are used for. Such a pleading might look as simple as this:

JUDGMENT IS ENTERED in favor of XXXXXXXX and against XXXXX, INC and XXXXXXXX, INC. in the amount of $65,142.58.

Judgment debtors are jointly and severally responsible for the full 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, 2015.

IT IS ORDERED THAT the Judgment in this matter shall be amended to add the name of XXX, Inc as a judgment debtor jointly and severally responsible for the full 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 no downside to requesting and getting an amended nunc pro tunc judgment by adding the name of the additional defendant(s); while not deleting the name of the original defendant.



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