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Fwd: Nunc pro Tunc defined

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  • law_self_help
    ... wrote: http://lectlaw.com/def2/n083.htm Nunc pro tunc literally means now for then. Occasionally, a court or party to a divorce
    Message 1 of 1 , Mar 6, 2004
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      --- In Legal_Self_Representation@yahoogroups.com, "law_self_help"
      <law_self_help@y...> wrote:
      http://lectlaw.com/def2/n083.htm

      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
      date.

      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 ---
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