Indiana Complaint for Correction and Reformation of Judgment on the Ground of Mistake

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Multi-State
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US-01529BG
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A trial court is vested with broad discretion to correct error. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Title: Understanding the Indiana Complaint for Correction and Reformation of Judgment on the Ground of Mistake Keywords: Indiana Complaint, Correction, Reformation of Judgment, Ground of Mistake Introduction: The Indiana Complaint for Correction and Reformation of Judgment on the Ground of Mistake is a legal process used to rectify errors or inaccuracies in a court judgment due to a genuine mistake. This formal complaint allows individuals involved in a case to request corrections or modifications to an existing judgment in the state of Indiana. In certain situations, different types of Complaint for Correction and Reformation of Judgment on the Ground of Mistake can be filed, which will be explored further below. Types of Indiana Complaint for Correction and Reformation of Judgment on the Ground of Mistake: 1. Clerical Mistake: One type of Complaint for Correction and Reformation of Judgment is when a clerical mistake has been made, including typographical errors, miscalculations, or accidental omissions in the judgment. This type of mistake typically does not require a reevaluation of facts or evidence but is rather an oversight in the final judgment document. 2. Mutual Mistake: A Complaint for Correction and Reformation of Judgment based on mutual mistake occurs when both parties involved in a case made a mistake or had a common misunderstanding that affected the outcome of the judgment. It might happen when both parties were unaware of critical information or misunderstood the implications of certain facts during the trial. 3. Unilateral Mistake: In contrast to mutual mistake, a Complaint for Correction and Reformation of Judgment based on unilateral mistake applies when only one party involved in the case made an error or was mistaken. This type of mistake usually occurs when an individual misunderstands or misinterprets information, leading to an erroneous judgment. 4. Mistake of Law: A Complaint for Correction and Reformation of Judgment regarding a mistake of law arises when a legal principle or rule was incorrectly applied during the trial, resulting in an unjust or inaccurate judgment. This type of error typically focuses on the interpretation or application of statutes, regulations, or case law. Procedure for Filing a Complaint: To initiate a Complaint for Correction and Reformation of Judgment on the Ground of Mistake, the party seeking correction must file a formal written complaint with the appropriate court, providing detailed information about the original judgment, the alleged mistake, and the desired correction. The complaint should clearly outline the error made and present supporting evidence or legal arguments for the requested correction. Furthermore, it is essential to adhere to the applicable rules of civil procedure and consult an attorney familiar with Indiana state laws to ensure the accuracy and effectiveness of the complaint. This will help ensure that the correction process proceeds smoothly and increases the likelihood of a favorable outcome. Conclusion: The Indiana Complaint for Correction and Reformation of Judgment on the Ground of Mistake serves as a legal remedy for rectifying errors or inaccuracies within court judgments due to genuine mistakes. By differentiating between various types of mistakes such as clerical, mutual, unilateral, and mistakes of law, the complainant can accurately present the grounds for correction. Understanding the procedure for filing such a complaint is crucial in seeking and obtaining the desired correction in the Indiana court system.

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Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.

Rule 3.1. A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous, which includes a good faith argument Page 12 12 for an extension, modification or reversal of existing law.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

Indiana Trial Rule 55 allows the plaintiff to request the entry of judgment if it demonstrates that (1) you failed to timely respond; (2) you are not an infant or incompetent (unless represented by a guardian); (3) and not protected by the Servicemembers Civil Relief Act.

76. Rule 76 - Change of venue (A) In civil actions where the venue may be changed from the county, such change of venue from the county may be had only upon the filing of a verified motion specifically stating the grounds therefor by the party requesting the change.

Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

Rule 37-Failure to Make or Cooperate in Discovery: Sanctions. (a) Motion for Order Compelling Disclosure or Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling disclosure or discovery as follows: (1) Appropriate Court.

A subpoena may be served at any place within the state; and when permitted by the laws of the United States, this or another state or foreign country, the court upon proper application and cause shown may authorize the service of a subpoena outside the state in ance with and as permitted by such law.

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→ You must fully complete the Motion. → You must complete only the top half of the Order. Print and bring both forms to court. SCROLL DOWN FOR. The motion to correct error, if any, must be filed not later than thirty (30) days after the entry of a final judgment is noted in the Chronological Case ...This form is available on Westlaw. Easily search more than 600,000 legal forms to find the exact form you need. Please visit our site to learn more and request ... This document contains questions and answers to assist with filing a complaint alleging a federal judge has committed misconduct or has a disability that ... Civil Actions. Judgment Mistake. US Legal Forms is the largest library of online document samples providing a quick and simple way to search, download, ... by WCO SMITH · 1979 · Cited by 2 — Under P-M Gas, a satisfied party no longer has fifteen days after the loser's motion to correct error in which to file cross-errors challenging the judgment. Feb 27, 2023 — The writ of error is not taken to reverse the judgment of the court upon the demurrer to the complaint, for that was not a final judgment, but ... The summons shall be dated and signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to. by ROF PERSONS — three grounds that (1) the privilege did not excuse a complete fail- ure to file, (2) since the threshold decision to gamble was vol- untary, the required ... "A party seeking reformation on the ground of mutual mistake must establish ... The evidence is therefore insufficient to support the judgment in favor of Kral on ...

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Indiana Complaint for Correction and Reformation of Judgment on the Ground of Mistake