Nunc Pro Tunc Motion Sample With Order
Description
How to fill out Motion To Correct A Clerical Omission Nunc Pro Tunc In A Previous Order?
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FAQ
Nunc pro tunc is a Latin term meaning "now for then." Generally, this refers to an action taken by a court that applies retroactively to correct an earlier ruling.
In Texas, a nunc pro tunc judgment can be requested by either party to the case or by the court itself. The request must be made in writing and must specify the error that is being corrected. The request must also be filed within a reasonable time after the error is discovered.
Latin for "now for then." A doctrine that permits a court to change records so that they show what actually happened. For example, if a party filed his motion on January 5, but the clerk's office had erroneously treated it as filed on January 6, the judge could correct the records to show the right date.
It is generally understood that orders take effect on the date they are granted. 1 However, the doctrine of nunc pro tunc, a Latin expression that means ?now for then? 2 allows the courts to give an action retroactive legal effect as though it had been performed at a precise earlier date.
Examples include orders that have the wrong year stated in them, where there is a misspelling of a word or name or typographical error in a legal property description. Often, the Application and Order Nunc Pro Tunc can be filed on joint request, with opposing counsel signing an agreed Order Nunc Pro Tunc.