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 Mississippi, a judgment nunc pro tunc is a legal mechanism used to correct clerical errors in a judgment after the court's authority to amend the judgment has expired. This tool is not intended for substantive changes to the judgment, such as those that would alter the actual decision or reasoning of the court, but rather to ensure that the written record accurately reflects the decision that was originally made by the court. For example, if there is a discrepancy between the court's oral ruling and the written judgment, or if there has been a mistake in the date or case number, a judgment nunc pro tunc can be issued to correct these errors. It is important to note that this correction is retroactive, meaning it takes effect as if it had been part of the original judgment. The use of nunc pro tunc orders is governed by Mississippi case law and procedural rules, and it is typically granted at the discretion of the court when a party can demonstrate that a clerical error has occurred.