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.
North Dakota Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest A Motion to Amend or Correct Judgment to Include Additional Party Defendant as a Real Party in Interest is a legal petition that allows the party filing the motion to add a new defendant to a case after a judgment has already been entered. This motion can be filed in the state of North Dakota and is used when it becomes necessary to include another individual or entity as a responsible party in a lawsuit. There are various types of circumstances in which a party may file this motion in North Dakota, including: 1. Identification of a previously unknown liable party: Sometimes, during the course of a lawsuit or after a judgment is made, new evidence or information comes to light that indicates the involvement of an additional party in causing the harm or injury. In such cases, the motion is filed to include the newly discovered defendant as a real party in interest. 2. Mistaken or incomplete identification of a party: There may be instances where an initial judgment fails to include a party who should have been held responsible for the damages. In such situations, the motion is filed to correct the oversight and add the omitted party to the judgment. 3. Successor liability or corporate reorganization: In cases where a company has gone through a merger, dissolution, or reorganization, it may become necessary to amend the judgment to include the newly formed or successor entity as a defendant in the lawsuit. This ensures that the responsible party remains accountable despite any organizational changes. 4. Vicarious liability or agency relationship: If it is discovered that a party initially sued was acting as an agent or representative of another person or entity, the motion can be filed to include the principal or employer as the real party in interest. To file a Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest in North Dakota, certain procedural requirements must be followed. These include drafting a formal motion, serving it to the existing parties involved, and obtaining a hearing date to present the motion before a judge. The motion must outline the reasons why the additional defendant should be added, provide relevant evidence or arguments supporting this decision, and indicate the relief sought from the court. By filing this motion in North Dakota, the party seeks to rectify any gaps or errors in the initial judgment and ensure that all responsible parties are held accountable for the damages caused. It is crucial to consult with an experienced attorney familiar with North Dakota civil procedure and the specific circumstances of the case to determine the viability and appropriateness of filing such a motion.
