Wake North Carolina Complaint for Correction and Reformation of Judgment on the Ground of Mistake

State:
Multi-State
County:
Wake
Control #:
US-01529BG
Format:
Word; 
Rich Text
Instant download

Description

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.

A Wake North Carolina Complaint for Correction and Reformation of Judgment on the Ground of Mistake is a legal document filed in the Wake County, North Carolina court system. It is typically filed when a party believes that there has been a mistake in a previous judgment or court order and seeks to correct or reform it based on that mistake. This complaint is used as a formal method to request the court to review and rectify the error, thus ensuring a fair and just outcome. Keywords: Wake North Carolina, Complaint for Correction, Reformation of Judgment, Mistake, legal document, filed, court system, previous judgment, court order, correct, reform, formal method, request, review, rectify, error, fair, just, outcome. Types of Wake North Carolina Complaint for Correction and Reformation of Judgment on the Ground of Mistake: 1. Clerical Mistake: This type of complaint is filed when the mistake in the judgment is due to a clerical error, such as a typo or miscalculation. The party seeks correction to accurately reflect the intended judgment. 2. Mutual Mistake: When both parties in the case were mistaken about a crucial fact, resulting in an erroneous judgment, a complaint for reformation can be filed based on the mutual mistake ground. 3. Unilateral Mistake: This complaint is applicable when only one party was mistaken about a material fact, and that mistake affected the judgment or order. The party seeks correction based on the unilateral mistake ground. 4. Mistake of Law: If a mistake of law was made by the court or an attorney, resulting in an incorrectly rendered judgment, a complaint can be filed for correction and reformation based on the mistake of law ground. 5. Mistake in Interpretation: When the court's judgment contains an error in the interpretation or application of the law or legal principles, a complaint can be filed to correct and reform the judgment based on the mistake in interpretation ground. Note: The specific types of Wake North Carolina Complaint for Correction and Reformation of Judgment on the Ground of Mistake may vary based on the procedural rules and case laws of Wake County, North Carolina. It is advisable to consult an attorney or refer to relevant legal resources to determine the precise categories recognized in this jurisdiction.

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FAQ

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice.

On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

Pursuant to the authority vested by the North Carolina General Statute §1A-1, Rule 60(b)(1) in the Rules of Civil Procedure, which allows a court to "relieve a party from a final judgment, order; or proceeding" for a number of specified reasons based in equity.

Rule 59(e): Motion to Alter or Amend a Judgment Rule 59(e) authorizes a motion to alter or amend a judgment. A Rule 59(e) motion must be filed no later than 28 days after the entry of the judgment. This is a strict time limit, and the court has no authority to grant more time. See Fed.

Rule 60(b) authorizes a court to relieve a party or a party's legal representative from a. 1. final judgment, order, or proceeding. UNITED STATES DISTRICT COURT.

Rule 60(b) authorizes a court to relieve a party or a party's legal representative from a. 1. final judgment, order, or proceeding. UNITED STATES DISTRICT COURT.

On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to

More info

A motion to modify, correct or reform judgment challenges errors in the judgment but does not seek to vacate the verdict or findings. Tex. 21 Because the reviewing court.Appraisal of arguments in the reform debate. 52.104 Procedures for modifying and completing provisions and clauses. The wake of the 18 April 2015 boat disaster in the Mediterranean. The President of the Senate shall, in the Presence of the Senate and House of. Promulgate a procedural error which may provide grounds for an appeal. Inherent powers can be exercised in the interest of justice, in the absence. Queensland Law Reform Commission, Review of consent laws and the mistake of fact, Consultation Paper, WP No 78 (December 2019). 1. 3 July 2020.

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Wake North Carolina Complaint for Correction and Reformation of Judgment on the Ground of Mistake