NUNC PRO TUNC
If you’re a wordsmith, you can’t help but like the way, the term “nunc pro tunc” just rolls off your tongue! It is a Latin term meaning “now for then.” Generally, the term refers to an action taken by a court that applies retroactively to correct an earlier ruling. Such a retroactive re-dating of an order, judgment or filing of a document requires a court order. This can be obtained by showing that the earlier date would have been legal and that there was an error, accidental omission or neglect which caused a problem which can be corrected. A judge may grant such an order ex parte, with only the applicant appearing and no notice is required. For example, if a final judgment of dissolution fails to be entered until after the remarriage of one of the parties, a nunc pro tunc order could be entered to preserve the validity of the second marriage.
Categorized in: Legal Procedure
| << previous | next >> |