Saturday, October 31, 2009

Made a mistake on some already filed legal papers - how do I correct them?

I filed some legal papers and I can look them up online and I see that I made an error regarding a date. Is there a form I need to submit to the court to corret this error? Should I just call the filing office on Monday?
Answer:
There is a pleading to correct a mistake. The name for the pleading is "Notice of Errata." (means error) Just file a paper that says, for example, "On page 2, paragraph 7, of the pleading filed on July 5, 2007, entitled "Motion for Judgment", the date contained in that paragraph is incorrect. The correct date is______________." This is just an example, but use it to correct your error and file the Notice of Errata with the Court and send a copy to the other parties. This is no big deal and you do not need anyone's permission to correct an error. Don't beat yourself up about it. It happens all the time.
Call the court on Monday. You may be able to amend as a matter of right (i.e. send in same document this time corrected with the word "amended" on the time) or you may need to file a motion asking the court for permission to amend.
In Fla. we generally just file an "Amended . . . ." whatever %26 include a statement that "this is filed to correct an error in paragraph . . . . erroneously stating . . . ."

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