Mississippi Motion to Correct a Clerical Error Pursuant to Rule 60a
Overview of this form
The Motion to Correct a Clerical Error Pursuant to Rule 60(a) is a legal document that allows a party to request the court to rectify minor errors in previous court orders or judgments. This form is specifically designed for clerical errors, which might include typos, misstatements, or omissions that do not affect the substantive rights of the parties. Unlike other motions, this form focuses solely on correcting those clerical mistakes, ensuring the integrity of the courtâs records.
What’s included in this form
- Case caption: Identifies the court and the parties involved in the case.
- Statement of the error: Clearly describes the clerical error in the prior decision.
- Request for correction: Specifies the exact modifications needed to rectify the error.
- Supporting documents: May include any relevant evidence or prior rulings to support the request.
- Signature line: Space for the attorney or the party filing the motion to sign.
When to use this form
This form is used when a party discovers a clerical error in a court order or judgment that requires correction. Common scenarios include correcting misspellings of names, miscalculation of dates, or other minor inaccuracies that could lead to confusion regarding the court's ruling. It is essential to address these errors promptly to ensure that the official court records reflect the true intent of the judgment.
Who should use this form
This form is intended for:
- Parties involved in a legal proceeding who have identified a clerical error.
- Attorneys representing clients who need to amend a prior court order.
- Individuals seeking to ensure the accuracy of court records for future proceedings.
How to prepare this document
- Identify the parties: Include the names of all parties involved in the case as they appear in previous court documents.
- Describe the clerical error: Clearly outline the clerical mistake found in the prior court order.
- State the requested correction: Specify how the error should be corrected to accurately reflect the court's intention.
- Attach supporting documents: Include any relevant evidence or prior decisions to support your request for correction.
- Sign and date the motion: Ensure the motion is signed appropriately and dated before submission to the court.
Does this form need to be notarized?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to clearly identify the clerical error.
- Not referencing the correct prior order or judgment.
- Omitting necessary supporting documents or evidence.
- Neglecting to sign the motion before submission.
Benefits of using this form online
- Convenient download options allow for quick access to the form.
- Editable templates enable users to customize entries easily.
- Access to forms drafted by licensed attorneys ensures legal reliability.
What to keep in mind
- The Motion to Correct a Clerical Error is used to request necessary corrections in court documents.
- Completing this form accurately is crucial to maintaining the integrity of legal proceedings.
- Using online resources for legal forms can enhance convenience and ensure correctness.
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FAQ
Nunc Pro Tunc. Latin, Now for then. nunc pro tunc. (nuhnk proh tuhnk): adj. NUNC PRO TUNC, practice. This phrase, which signifies now for then, is used to express that a thing is done at one time which ought to have been performed at another.
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.
An example of potential harmful or reversible error of both law and fact might involve the age of a rape victim in a criminal trial for statutory rape, (where guilt is premised upon the actual age of the victim, and not on whether the sexual conduct was consensual).
A mistake made in a letter, paper, or document that changes its meaning, such as a typographical error or the unintentional addition or omission of a word, phrase, or figure. A mistake of this kind is a result of an oversight.
A clerical error is an error on the part of an office worker, often a secretary or personal assistant. It is a phrase which can also be used as an excuse to deflect blame away from specific individuals, such as high-powered executives, and instead redirect it to the more anonymous clerical staff.
The Court order is invalid because the court had no authority to act (subject matter jurisdiction), or you were not served with legal notice in the original case (personal jurisdiction).
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.
When your court order contains a specific kind of mistakea clerical errorone way to correct it is by filing a document with the court called a motion for judgment nunc pro tunc. This is the method for asking the judge to issue a new judgment or order that contains the correct information.
Nunc pro tunc means there was a clerical error in the order that was signed that is being corrected in the new version. There should not be any other change made but you should review each page to make sure.
