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Alabama Complaint for Correction and Reformation of Judgment on the Ground of Mistake

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US-01529BG
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A trial court is vested with broad discretion to correct error. 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.

The Alabama Complaint for Correction and Reformation of Judgment on the Ground of Mistake is a legal document used to rectify errors or mistakes in a judgment issued by a court in Alabama. This complaint aims to request the court to correct or reform a judgment that was incorrectly entered due to a mistake or oversight. Keywords: Alabama, Complaint for Correction, Reformation of Judgment, Ground of Mistake, legal document, errors, mistakes, judgment, court, request, correct, reform. There are two primary types of Alabama Complaint for Correction and Reformation of Judgment on the Ground of Mistake: 1. Clerical Errors: This type of complaint is filed when a mistake or error of a clerical nature has occurred in the judgment. Such errors may include typographical mistakes, calculation errors, or other similar errors that are not substantive in nature. 2. Substantive Errors: This type of complaint is filed when a mistake or error of substantive nature has occurred in the judgment. These errors may be related to the interpretation or application of the law, or an incorrect understanding of the facts presented during the trial. This type of complaint requires a more in-depth analysis of the case and may involve presenting additional evidence or legal arguments to support the claim of error. In both types of complaints, the plaintiff (the party requesting the correction or reformation) must provide a detailed explanation of the mistake, provide evidence to support their claim of error, and state how they believe the judgment should be corrected or reformed. It is important to consult with a qualified attorney when filing an Alabama Complaint for Correction and Reformation of Judgment on the Ground of Mistake, as they can provide guidance and assistance throughout the process, ensuring that all legal requirements and procedures are properly followed. In summary, the Alabama Complaint for Correction and Reformation of Judgment on the Ground of Mistake is a legal document used to rectify errors or mistakes in a judgment issued by a court in Alabama. By filing this complaint, individuals can request the court to correct or reform the judgment based on clerical or substantive errors. Seeking legal advice is crucial to navigating this process effectively.

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Rule 10. Form of pleadings. (a) Caption; names of parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in Rule 7(a).

Rule 8(b) is intended to inform a pleader how to challenge and place in issue some or all of the allegations in the preceding pleading. Whether answering or replying a responding pleader is to admit or deny the averment upon which the adverse party relies.

On motion and upon such terms as are just, the court may relieve a party or a party's 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 ...

(c) Anything to the contrary in Rule 82(c) of the Alabama Rules of Civil Procedure notwithstanding, in any action against a corporation, venue must be proper as to each and every named plaintiff joined in the action, unless the plaintiffs shall establish that they assert any right to relief jointly, severally, or ...

A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.

Rule 8(b) is intended to inform a pleader how to challenge and place in issue some or all of the allegations in the preceding pleading. Whether answering or replying a responding pleader is to admit or deny the averment upon which the adverse party relies.

Clerical mistakes in judgments, orders, or other parts of the record, and errors arising from oversight or omission may be corrected by the court at anytime of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

Pleadings allowed; form of motions. (b) Motions and other papers. (1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

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Due to an oversight or omission, a clerical error now appears in the [court record]. [judgment/order entered on ______] in the above styled case. This form is available on Westlaw. Easily search more than 600,000 legal forms to find the exact form you need. Please visit our site to learn more and request ...If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended ... Nov 20, 2015 — "Where the sole ground for reformation is mistake, the mistake must be mutual as to all of the parties, but only in the sense that they must ... The complaint contains two alleged causes of action. It seeks the reformation of a contract for the purchase of land by plaintiffs from defendants Morris and ... Wesley Kire Pullum appeals from a summary judgment in favor of Peggy Kent Pullum and the estate of James W. Kelly. We affirm. Facts and Procedural History. Feb 27, 2023 — The writ of error is not taken to reverse the judgment of the court upon the demurrer to the complaint, for that was not a final judgment, but ... vacate or modify its judgment. But the court may: (a) correct a clerical error in its judgment or opinion;. (b) issue and recall its mandate as these rules. It was there pointed out the "distinction between the mere correction of a mistake and the setting aside of a judgment." It is said: "Where * * * a distinct ... The summons shall be dated and signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to ...

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Alabama Complaint for Correction and Reformation of Judgment on the Ground of Mistake