What is a judgment nunc pro tunc in a Fort Worth, Texas divorce?
The purpose of a judgment nunc pro tunc is to correct a clerical error in the judgment after the court’s plenary power expired. A motion for judgment nunc pro tunc asks the court to correct the order so the order matches the judgment. It does not allow a party to ask the court to change the judgment rendered or to add relief. For example, if a court granted child support in a Texas divorce suit for $400 per month but the order states $350 then the party receiving child support would want the court to sign an order that states the right amount of child support.
However, using that same example if the court never established special custody rules for Earth Day then the court could not add to the judgment by signing a judgment nunc pro tunc. In that case, the party seeking to add relief to the judgment would have to take alternative steps. The judgment nunc pro tunc only corrects differences in the written order so it matches the judgment of the court.
Fort Worth divorce attorney and nunc pro tunc
Judgment nunc pro tunc is only necessary to correct clerical errors after the court’s plenary power expired. Typically a court loses plenary power (authority over the lawsuit) thirty days after signing judgment; but there are a small number of other reasons why plenary power may extend beyond the default deadline. It is important to know whether the court has plenary power or if a nunc pro tunc is necessary. If the court has plenary power at the time of a correction then the correct motion is one to modify judgment.
Once plenary power is lost, the court can only sign a judgment nunc pro tunc that makes a clerical correction. Modifying judgment will change deadlines for appeals. A judgment nunc pro tunc will not. That is among the reasons why it is important to know which remedy for a clerical correction is appropriate. Another reason why it is important to know the difference has to do with the timing of a motion. A motion filed shortly before the court loses plenary power may not be signed before the loss of plenary power.
At that time, the party moving for the correction must refile as a motion for judgment nunc pro tunc. A party may prefer the judgment nunc pro tunc to avoid creating issues in modifying the judgment. You are more likely to pay a filing fee (or a larger fee) for a judgment nunc pro tunc over a motion to modify judgment.