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Motion to Amend or Correct Judgment to Include Additional Party...

Ohio Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

Category:

Civil Actions - Judgment Corrections

State:

Multi-State

Control #:

US-01531BG

Format:

Instant download

Description

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.

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FAQ

Rule 50(a) provides for a motion for judgment as a matter of law (JMOL) which may be made at any time before submission of the case to the jury. This was previously known as a motion for a directed verdict.

57. The procedure for obtaining a declaratory judgment pursuant to Chapter 2721 of the Revised Code shall be in ance with these rules. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate.

Rule 12 - Pleadings and Motions Before Trial: Defenses and Objections (A) Pleadings and motions. Pleadings in criminal proceedings shall be the complaint, and the indictment or information, and the pleas of not guilty, not guilty by reason of insanity, guilty, and no contest.

(C) Relation back of amendments. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.

R. 52. When questions of fact are tried by the court without a jury, judgment may be general for the prevailing party unless one of the parties in writing requests otherwise before the entry of judgment pursuant to Civ.

Rule 53 - Magistrates Subject to the terms of the relevant reference, a magistrate may enter orders without judicial approval if necessary to regulate the proceedings and if not dispositive of a claim or defense of a party . (ii) Form, filing, and service of magistrate's order.

Civ. R. 53(D)(3)(a)(ii) explicitly authorizes a magistrate's decision, subject to the terms of the relevant reference, to be general absent a timely request for findings of fact and conclusions of law or a provision of law that provides otherwise. Occasional decisions under former Civ.

On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time ...

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