Nunc pro tunc is a Latin term meaning "now for then". It refers to a thing is done at one time which ought to have been performed at another. Permission must be sought from the court to do things nunc pro tunc. Often the judge will grant the nunc pro tunc order ex parte (with only the applicant appearing and without notice). An example would be if a court clerk failed to file an answer when he/she received it, and a nunc pro tunc date of filing is needed.
Title: Understanding Pro nun tune Motion with Order: A Detailed Description Introduction: Pro nun tune motion with order is a legal term used to describe a type of court motion seeking retroactive application or validity for an order or action taken in the past. This motion allows the court to correct or validate an action or ruling that should have been done earlier but was omitted or done incorrectly. In this article, we will delve into the concept of pro nun tune motion with order, its purpose, and various types it can take. 1. Key Features and Purpose: Pro nun tune motion with order is utilized when an error or omission in a court ruling or order needs to be remedied retroactively, as if it were done timely and correctly in the first place. This motion grants the court the authority to correct mistakes that may have had unforeseen consequences or implications. 2. Different Types of Pro nun tune Motion with Order: a) Corrective Orders: This type of pro nun tune motion is filed when a court wishes to correct an error in an order to ensure that it accurately reflects the intended decision. For example, if a judge mistakenly issued an incorrect order due to a typographical error, the correct order can be issued pro nun tune, with retroactive effect. b) Nun Pro Tune Orders: This variation of pro nun tune motion focuses on granting retroactive effect to an order that previously lacked required formalities or essential elements. For instance, if a document failed to bear the judge's signature or date stamp, a nun pro tune order can be sought to validate it retrospectively. c) Jurisdictional Orders: This type of pro nun tune motion is commonly used when the proper jurisdiction was not established or overlooked during a court proceeding. By seeking a pro nun tune order, the court can validate its jurisdiction retroactively, allowing for the previous proceedings to be recognized as lawful and binding. d) Administrative Fixes: This subset of pro nun tune motion focuses on rectifying administrative errors that occurred during the course of a legal proceeding. It encompasses situations such as incorrect filing, faulty service of process, or an incorrect recording of court minutes. Conclusion: Pro nun tune motion with order plays a crucial role in rectifying past errors or omissions made in legal proceedings, ensuring fairness, and maintaining the integrity of judicial decisions. Whether it is a typo in an order, lack of required formalities, or issues relating to jurisdiction and administration, the objective is to correct inaccuracies and bring retroactive validity to past actions by courts. Understanding the various types of pro nun tune motion aids in comprehending its application and significance within the legal realm.
