| Nunc Pro Tunc |
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DEFINITION Nunc pro tunc or '''now for then''' is a phrase which theoretically applies to acts that are allowed to be done after the time when they should have been done with a '''retroactive effect'''. Corporate application A corporation may have been created by an individual, but since a corporation has the standing in law of a person (although not a natural person), it is possible for its human creator to go bankrupt and for the assets of the corporation to be seized to satisfy unpaid taxes. Then, if others bought the assets from the tax authority and the corporation shell passed into other hands, it is possible for the person who bought the assets to also buy the corporation shell and upon payment of corporate franchise taxes, for that individual to claim that the corporation is the original corporation with the original assets. Adoption application An individual marries and the parents have a child. The parents divorce and one parent is granted sole custody of the child. The parental custodian of the child then marries and the new partner seeks adoption of the child which is granted. The original birth certificate which reflects the name and address of the actual parent, who is no longer a part of the legal chain of custody of child, is then removed from the records by the State and a new birth certificate is inserted in its place. This new document now shows that the child has a different surname and a different name for the birth parent but the address is the same as the original parent. The original document is sealed and only the new document is available for examination and thus the original parent disappears from view. Religious application A religion that commenced with an individual on a certain date and in a certain place emerges into a religion that requires a prehistory to show that the origin of the religion predates the actual starting date. Religious history is then rewritten to accommodate and incorporate persons and events that took place long before the actual dawn of the religion itself. But since the history books now only reflect the changed history, only the changed history is available for examination. Litigation A judgment nunc pro tunc is an action by a trial court correcting a clerical (to be distinguished from judicial) error in a prior judgment. A nunc pro tunc may be signed even after the trial court loses its plenary power. For appellate purposes, a nunc pro tunc judgment correctly taken ordinarily does not extend appellate deadlines. REFERENCES
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