The order allowing intervention in Whitworthclearly had not been signed in the past.
JUDGMENT MEANING PRO
No prejudice will result if the order is entered nunc pro tunc.The order/judgment was not entered on the record due to accident, mistake, or neglect of the clerk and.
An order/judgment actually was decreed or signed on the date in the past.
JUDGMENT MEANING TRIAL
The court of appeals vacated the consent order, holding that nunc pro tunc can be used only if the trial court determines:
Several years after the final equitable distribution judgment was entered, the court signed a written consent order granting the corporation’s motion to intervene nunc pro tunc to the date the court indicated on the record that it would allow the motion. The trial court indicated on the record that it would sign an order allowing intervention but a written order was not signed. At some point during the equitable distribution proceeding, the marital corporation filed a motion to intervene. The trial court in Whitworth entered an equitable distribution judgment in a case involving a marital corporation. Because nunc pro tunc is a tool to correct the court record to reflect an event that actually occurred in the past, it cannot be used to give an order retroactive effect when the order was not in fact entered in the past. Whitworth, 222 NC App 771 (2012), the court of appeals reminded us that nunc pro tunc only can be used if an order actually was “decreed or signed” on the date in the past. Judgment/Order Must Have Been Decreed or Signed in the Past Black’s Law Dictionary defines the term “ nunc pro tunc” to mean “now for then ‘a thing is now done which should have been done on the specified date.’” Recent cases from the North Carolina Court of Appeals have made it clear that nunc pro tunc is a tool available only in extremely limited circumstances. Nunc pro tunc is a phrase used in an order or judgment when the court wants the order or judgment to be effective as of a date in the past rather than on the date the judgment or order is entered into the court record.
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