What is nunc pro tunc?

"Nunc pro tunc" is a Latin phrase that translates to "now for then." It refers to a legal doctrine allowing a court to retroactively correct earlier rulings or record entries to reflect what should have been done at that time. This is not to make any substantive changes to the original decision but rather to correct clerical errors, oversights, or to ensure that the record accurately reflects the court's intent.

Nunc pro tunc orders are generally used to:

  1. Correct clerical errors: To amend mistakes in dates, names, or figures within the court records.

  2. Document delays: To acknowledge procedural steps delayed due to administrative oversight.

  3. Reinstate actions: To reinstate actions that were mistakenly dismissed or not recorded due to clerk errors.

It’s essential that such orders do not modify the substantive rights of the parties involved, but rather ensure the administrative side of justice reflects the actual judicial activities that were intended to take place at the time of the original ruling. Each jurisdiction may have specific rules about when and how nunc pro tunc orders can be applied.