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When A Judgment Or Sentence Is Not Properly Recorded. If a judgment or a sentence in a criminal proceeding is not properly entered in a trial court's record, the trial court may retroactively enter the judgment or the sentence. Such a proceeding is called a nunc pro tunc proceeding.
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.
The proceeding is used to correct a judgment or a sentence or to enter a judgment or a sentence that was not properly recorded. The proceeding may also be used in some states to correct an unintended or an illegal sentence.