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 Nevada, 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. It is intended to reflect accurately what the court originally intended to order at the time the judgment was rendered. This tool cannot be used to make substantive changes to a judgment, such as altering the court's decision or reasoning, but rather to correct mistakes in the documentation or recording of the judgment. For example, if a judgment's date or the amount of a fine is incorrect due to a clerical oversight, a nunc pro tunc order can be issued to correct the record so that it aligns with the court's original intent. The retroactive correction ensures that the official record matches the court's actual ruling as of the original date of the judgment. The use of nunc pro tunc orders is governed by Nevada's rules of civil procedure and relevant case law interpreting those rules.