Nunc pro tunc is a Latin expression that translates to “now for then”—meaning to do something now, and for it to have retroactive effect, as if it had been done at a previous time. In the legal context, a judgment nunc pro tunc is a new or changed judgment signed by the court that has retroactive effect to the date the corrected judgment was signed.
The purpose of a judgment nunc pro tunc is to correct a clerical error in the judgment after the court’s authority to change the judgment (its plenary power) has expired. Even a significant change to the original judgment may be accomplished through a judgment nunc pro tunc if it merely corrects a clerical error.
Thus, a judgment nunc pro tunc can generally only be used to correct a clerical error the court made when writing or recording (entering) the judgment the court made (rendered)—and not a judicial error (a substantive error in judicial reasoning) in the judgment. In other words, if the signed judgment inaccurately reflects the true decision of the court, then the error is clerical and may be corrected by judgment nunc pro tunc.
In Michigan, a judgment nunc pro tunc is utilized to correct clerical errors in a judgment after the court's authority to amend the judgment has expired. This legal mechanism allows for the retroactive correction of mistakes made in the writing, recording, or entering of the court's decision, ensuring that the judgment accurately reflects the court's true intention at the time the original decision was made. It is important to note that a judgment nunc pro tunc cannot be used to rectify judicial errors, which are substantive mistakes in the court's reasoning or decision-making process. Instead, it is limited to clerical errors, such as typographical mistakes or inaccuracies in the documentation of the court's decision. The use of nunc pro tunc orders is governed by Michigan court rules and case law, which outline the specific circumstances under which such corrections can be made and the procedural requirements for requesting a nunc pro tunc order.