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 Iowa, 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 or recording of the court's decision, ensuring that the judgment accurately reflects the court's original intent. It is important to note that 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 transcribing the court's decision. The correction is made effective as of the date of the original judgment, as if the error had never occurred. Iowa's rules of civil procedure would guide the process for obtaining a judgment nunc pro tunc, and parties interested in pursuing such a correction should consult with an attorney to navigate the specific requirements and procedures.