A court has the inherent power to review its own proceedings to correct error or prevent injustice The correction of clerical errors in the records of judgments may take the form of amendments inserting the names of parties who ought to have been included. A clerical error in the record of a judgment may be corrected to reflect the true name and identity of a party.
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.
Mississippi Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is a legal process in Mississippi that allows a party to request the court's permission to amend or correct a judgment by including an additional party defendant as a real party in interest. This motion is applicable in situations where there is a need to bring a new party into the lawsuit or litigation process. The Mississippi Rules of Civil Procedure provide guidance on the process for filing a Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest. There are different types of these motions, including: 1. Mississippi Rule 25: This rule allows for the substitution of parties when a public officer is a party to the lawsuit and later ceases to hold office, or when a party dies or becomes incompetent. The motion seeks to bring in the successor or representative of the original party as the new real party in interest. 2. Mississippi Rule 19: This rule deals with the joiner of necessary parties. A motion under this rule is filed when a party believes that the presence of an additional party defendant is necessary in order to afford complete relief. The motion argues that the absent party's interests may be affected by the court's judgment, and therefore, they should be made a real party in interest. 3. Mississippi Rule 15: This rule allows a party to amend their pleading before trial or with the court's permission. A motion to amend or correct judgment is filed when a party wants to add a party defendant after the judgment has been entered. The motion argues that the new party's participation is essential for justice to be served. 4. Mississippi Rule 21: This rule deals with the disjointed and conjoiner of parties. A motion is filed under this rule when there is a need to either remove a party who was improperly included or add a party who was mistakenly omitted. The motion argues that the amendment or correction is necessary to rectify the error and ensure that all real parties in interest are properly involved in the litigation. When filing a motion to amend or correct judgment to include an additional party defendant as a real party in interest, it is important to follow the proper procedure outlined in the Mississippi Rules of Civil Procedure. The motion should provide a detailed explanation of why the court should allow the addition of the new party, how their presence is essential for a fair resolution of the case, and how the motion complies with the relevant rules. In conclusion, a Mississippi Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest is a legal procedure that allows for the inclusion of a new party in a lawsuit or litigation process. Different types of such motions include Mississippi Rule 25, Rule 19, Rule 15, and Rule 21. Each motion has its own requirements, and it is crucial to adhere to the Mississippi Rules of Civil Procedure when filing these motions.