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.
The Texas Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest allows a party to request changes to a judgment by adding another party as a defendant who is a real party in interest. This motion is filed when it is necessary to include a party who is crucial to the case but was overlooked or excluded in the original judgment. In Texas, there are primarily two types of motions to amend or correct a judgment to include an additional party defendant as a real party in interest: the Rule 63 motion and the Rule 39 motion. 1. Rule 63 Motion: A Rule 63 motion is filed when the original judgment fails to include a necessary party who could be held liable or is crucial to resolving the underlying issues. The plaintiff may file this motion to amend the judgment and add the omitted party as a defendant. This motion is governed by Rule 63 of the Texas Rules of Civil Procedure. 2. Rule 39 Motion: A Rule 39 motion is filed when the original judgment named a party who is not the real party in interest. This happens if a mistake was made in identifying the proper party responsible for the claimed damages or relief sought. The plaintiff may file this motion to correct the judgment and substitute the incorrect party with the real party in interest, ensuring that the right entity is held accountable. Rule 39 of the Texas Rules of Civil Procedure governs this motion. Both types of motions have specific requirements to be met in order to be granted by the court. The moving party must establish that the new party being added or substituted is essential to the case, as their involvement significantly impacts the resolution or outcome. The motion must provide necessary supporting documents, evidence, and legal arguments justifying the need for including the additional party as a defendant. Once the motion is filed, all parties involved in the case will have an opportunity to respond and present their arguments for or against the motion. The court will review the motion, the arguments presented, and any other relevant factors before making a decision on whether to grant or deny the motion. Overall, the Texas Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest serves as a mechanism to ensure that the appropriate parties are included in a lawsuit and receive a fair opportunity to defend their interests. It plays a critical role in maintaining the integrity and accuracy of judgments, allowing for the just resolution of legal disputes.
