Nunc pro tunc orders allow the courts to fix clerical errors and reduce delays in the judicial process. They issue a decision that applies retroactively as if the decision had been made at an earlier date.

Nunc pro tunc is a Latin term that means “now for then.” The orders are procedural tools that correct or adjust the official court record. 

Common Uses of Nunc Pro Tunc Orders

As defense attorneys, we see courts make mistakes all the time. 

Nunc pro tunc orders offer an opportunity to fix those errors without causing an unnecessary delay or a significant impact on the plaintiff or defendant. 

In criminal cases, the most common nunc pro tunc orders we see deal with a person’s dates of incarceration. It’s common for the clerks and sheriff’s department to miscalculate the number of days someone has been in jail. To correct this, a nunc pro tunc is filed by the court clerk.

Overall, the purpose is to ensure that court records are accurate, even if the action or decision was improperly recorded due to a clerical or administrative error.

They have a few different uses, including:

• Fixing clerical errors: If a mistake is made in official court records, a court can issue a nunc pro tunc order to correct it as if it had been correct from the start
• Retroactive orders: Courts sometimes use nunc pro tunc to issue orders retroactively to avoid unfair consequences from procedural delays. For example, if an administrative error delayed a judgment, a nunc pro tunc order can make the judgment effective retroactively as of when it should have been issued.
• Family law cases: In divorce cases, it can be used to backdate orders related to the dissolution of marriage, child custody, or child or spousal support so they retroactively take effect. For example, suppose a divorce judgment was not filed or signed by the judge due to a clerical error, and one partner remarries before learning that the divorce was never officially entered. In that case, they can obtain a nunc pro tunc judgment officially finalizing the divorce on the day it was filed. In this case, it would prevent the new marriage from being considered bigamy.
• Immigration cases: If an error or oversight occurred during the immigration process, a petition or application can be filed with U.S. Citizenship and Immigration Services (USCIS) to request that an immigration benefit or action be applied retroactively to an earlier date.

It’s important to note that nunc pro tunc orders can only fix clerical errors, including typos, miscalculations, or incorrect dates.

Judicial errors — such as factual or legal errors — cannot be addressed with a nunc pro tunc request. 

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When Can a Nunc Pro Tunc Judgment Be Issued in Texas?

Nunc pro tunc judgments can only be issued if there is a mistake in the original judgment, and that mistake does not impact the rights of both involved parties. The error can’t be based on any new arguments or evidence that weren’t presented in the original trial.

For example, if a court finalized a divorce in 2022, but a clerical error left out a provision awarding one party certain agreed-upon assets, an oversight that wasn’t discovered until 2023. In this instance, a nunc pro tunc order would correct the decree to reflect the original intent of the judgment, effective on the original 2022 date.

This ensures that the records accurately reflect the court’s original intent.

If the rights of both parties are impacted, the mistake cannot be fixed by nunc pro tunc judgment. For example, if a typo changes the damages a defendant would have to pay a plaintiff, an appeal or a new trial is the only recourse.  

If there is no clear evidence proving that information was improperly recorded, a nunc pro tunc request will be denied.

Other reasons a request may potentially be denied include:

• The error has not been clearly established
• Circumstances have changed since the initial decision
• A request tries to change outcomes from the original judgment

How to Fix a Clerical Error in a Court Order

Nunc pro tunc judgments can be requested by the court or either party in the case.

There is no hard deadline to file, but the request should be made as soon as the error is discovered. 

Requests must be submitted in writing and must clearly specify the error.

You will need to include:

• The case name
• Docket number
• Court where the case was heard
• A description of the error
• What needs to be corrected
• Documentation of the error 

The court will review the original judgment and the nunc pro tunc request to ensure that the error is apparent and will not affect both parties’ substantive rights. After that, an order will be issued to correct the mistake.