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'Nunc pro tunc' is a Latin term meaning 'now for then,' which signifies that a court action will have a retroactive effect. In legal terms, this allows a judgment or order to be issued today but have legal implications as though it occurred at an earlier date. Utilizing a motion for judgment nunc pro tunc with amend is essential for addressing discrepancies and ensuring legal clarity.
The term 'amended nunc pro tunc' refers to a change made to an existing legal judgment or order that takes effect retroactively to the original date of that ruling. This is relevant for restoring accuracy in legal records using a motion for judgment nunc pro tunc with amend. Through this process, errors can be rectified, ensuring that all parties have clarity regarding the original decision.
Petitions for permission to file an Appeal after the 30-day appeal period has expired (Appeal "Nunc Pro Tunc") can ONLY be granted if Appellant alleges and proves that: (1) that the delay in filing the appeal was caused by extraordinary circumstances involving ineffectiveness of legal counsel, OR, fraud or wrongful or ...
Section 152 C.P.C. provides for correction of clerical arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission. It is not a power to review a judgement/decree or order.
In the context of U.S. immigration, a nunc pro tunc request refers to a petition or application filed with U.S. Citizenship and Immigration Services (USCIS) to request that an immigration benefit or action be approved retroactively to an earlier date.
An order is defined under Section 2(14) of the CPC as the formal expression of any decision of a civil court which is not a decree, whereas a judgement is defined under Section 2(9) of the CPC as the statement given by the judge of the grounds of a decree or order.
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.