Mississippi Motion to Correct a Clerical Error Pursuant to Rule 60a
What is this form?
A Motion to Correct a Clerical Error Pursuant to Rule 60(a) is a legal document submitted to the court, requesting the correction of minor errors in previous court documents or orders. This type of motion differs from general motions because it specifically addresses clerical mistakes that do not affect the substantive rights and obligations of the parties involved. This form is essential for ensuring accuracy in legal records and is designed to streamline the process of seeking corrections to administrative errors.
What’s included in this form
- Title and heading indicating the purpose of the motion.
- Identification of the parties involved in the case.
- Specific details on the clerical error being addressed.
- Request for the court to issue an order correcting the error.
- Signature line for the party making the motion or their attorney.
When this form is needed
This form should be used when a party identifies a clerical error in a court document, such as a typographical error, misquoted law, or incorrect date that does not alter the legal meaning of the document. It is typically filed to ensure that the record reflects the accurate information, which is crucial for future legal proceedings or enforcement of the court's order.
Intended users of this form
This form is intended for:
- Parties to a legal proceeding who have identified an error in a court document.
- Attorneys representing clients in cases where clerical errors may affect the legal process.
- Individuals seeking to ensure that their legal documents are accurate and correctly reflect the court's intentions.
Completing this form step by step
- Identify the parties involved, including the name of the court.
- Clearly state the clerical error that needs correction.
- Specify the date and type of the original document in which the error appears.
- Request the court to issue an order to correct the error.
- Sign and date the motion, including the relevant contact information if applicable.
Notarization requirements for this form
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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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.
Common mistakes to avoid
- Failure to clearly identify the clerical error being corrected.
- Not citing the specific document where the error occurs.
- Submitting the motion without the required signatures.
- Ignoring local court rules and requirements for filing.
Advantages of online completion
- Convenient download options from any location at any time.
- Editability allows for easy personalization to fit specific circumstances.
- Access to forms drafted by licensed attorneys ensures reliability.
What to keep in mind
- A Motion to Correct a Clerical Error is essential for rectifying minor mistakes in legal documents.
- Understanding the form's components will help in accurately completing it.
- Ensure compliance with local court rules for submission and filing.
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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.
