Nunc Pro Tunc

The Latin expression Nunc Pro Tunc is a legal phrase. Nunc pro tunc means now for then (a court-endorsed decision that corrects a previous court ruling). Usually, if a court approves a nunc pro tunc order, the order applies back to correct a previous entry in the court. These orders are very rarely used, and aren't often used to fix clerical errors.

I'm a Judgment referral expert, not an attorney. This article is only my opinion, please consult with an attorney if you require legal advice. The majority of courts can issue a nunc pro tunc order to fix mistakes in recording an earlier court decision. The nunc pro tunc order's purpose is only to rectify the records for a judgment, and is not intended to change a judgment that was originally issued.

As an example, if a plaintiff sued 4 defendants and a judge signs a judgment to a plaintiff against all 4 defendants, however a court clerk accidentally puts into the court record that the plaintiff gets a judgment against just against just one of the four defendants; the court may later render a nunc pro tunc order to fix and clarify the mistake in recording that judgment.

Occasionally a judge may claim they didn't have their English-Latin dictionary handy when you start to present a nunc pro tunc pleadings. If this should happen, politely remind that judge what nunc pro tunc orders are. This kind of pleading could be as short as this:

JUDGMENT IS ENTERED in favor of YYYYYYYY and against YYYYY, LLC. and ZZZZZZZZ, LLC for $55,154.34.

Debtors are all severally and jointly responsible for the total amount of the judgment including all past and future attorney and interest fees. Post judgment interest shall be calculated from the original judgment date, which was March 22. 2012.

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

There's not any drawbacks to presenting and filing an amended nunc pro tunc judgment and including the name(s) of any more defendant(s); being careful to not be removing the name of the original defendant. You may need to file an Application for Entry of Nunc Pro Tunc Amended Judgment and serve that on the parties if a clerk of the court disagrees.

Mark Shapiro - Judgment Broker - - where Judgments go and are quickly Collected!

This article was published on 19 Aug 2014 and has been viewed 608 times
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