Fwd: Nunc pro Tunc defined
- --- In Legal_Self_Representation@yahoogroups.com, "law_self_help"
Nunc pro tunc literally means "now for then."
Occasionally, a court or party to a divorce forgets to file the
papers necessary to obtain the final decree (after the interlocutory
judgment has been granted), and the result is that the divorce never
becomes final. If the oversight presents a problem (for example, one
party has already remarried, or there is a tax advantage to being
divorced earlier), the court may agree to issue a nunc pro tunc
order, which grants the final divorce retroactive to the earlier
This phrase is used to express that a thing is done at one time
which ought to have been performed at another. Leave of court must
be obtained to do things nunc pro tunc, and this is granted to
answer the purposes of justice, but never to do injustice. A
judgment nunc pro tunc can be entered only when the delay has arisen
from the act of the court.
--- End forwarded message ---