What Is a Nunc Pro Tunc Order and When Should It Be Used ?

In State v. Greulich (1988), 61 Ohio App.3d 22, 572 N.E.2d 132, the court reinstated the trial court's original judgment when the trial court used a nunc pro tunc order to enlarge the conditions of the defendant's probation, including additional restitution and the execution of promissory notes. The court found such use of a nunc pro tunc order improper, stating, "A nunc pro tunc order cannot be used to supply omitted action, or to indicate what the court might or should have decided, or what the trial court intended to decide. Its proper use is limited to what the trial court actually did decide." State v. Gruelich, 61 Ohio App .3d at 25, citing Webb v. Western Reserve Bond & Share Co. (1926), 115 Ohio St. 247, 4 Ohio Law Abs. 58, 4 Ohio Law Abs. 395, 153 N.E. 289.