Clerical Error


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Clerical Error

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. Such an error was mistakenly, not purposely, written and should be readily remedied without objection. If the amount of money owed a plaintiff by the defendant is mistakenly recorded by a court reporter as being $50 rather than $500, then the plaintiff is not bound by this since it is only a clerical error. An error of this nature can be rectified by the court acting sua sponte, on its own, or on the motion of either party once the court learns of the error.

A clerical misprision is Fraud that is perpetrated by the clerk of the court and may be readily discerned by examining the record. Such an error can only be corrected from information that appears elsewhere in the record and not from memory by the judge or clerk or by outside testimony.

CLERICAL ERROR. An error made by a clerk in transcribing or otherwise. This is always readily corrected by the court. 2. An error, for example, in the teste of a fi. fa.; 4 Yeates, 185, 205; or in the teste and return of a vend. exp.; 1 Dall. 197 or in writing Dowell for McDowell. 1 Serg. & R. 120; 8 Rep. 162 a; 9 Serg. & R. 284, 5. An error is amendable where there is something to amend by, and this even in a criminal case. 2 Bin. 5-16; 5 Burr. 2667; 1 Bin. 367-9; Dougl. 377; Cowp. 408. For the party ought not to be harmed by the omission of the clerk; 3 Bin. 102; even of his signature, if he affixes the seal. 1 Serg. & R. 97.

References in classic literature ?
And without that it is extremely difficult to guard against clerical errors in this climate.
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Although she said that she collected more than the required 300 signatures on her nomination papers and that all were certified by the cities and towns, she confirmed that the office of Secretary of State William Galvin disqualified the signatures because of what she called a clerical error on the forms she turned in.
AC MILAN wonderkid M'baye Niang will have to sit out the entire Group H campaign after a clerical error.
He said it was part of a special exercise and then he said it was a clerical error.
A CLERICAL error left a mother without any money to buy food over the weekend.
This is more serious than a minor clerical error so a points deduction is almost certain.
Michael McCaul, R-Austin, says his failure to report millions in stock transactions on financial disclosure reports from 2008 and 2009 resulted from a clerical error made by his accountant.
A government employee accused of forging visa applications could have issued the visas due to a clerical error, a defence lawyer argued yesterday.
The company reports that a clerical error was made in the headline of the press release and that the dividend declared was not an increase to the regular quarterly dividend of $.
EMMPAT has been reinstated to the Betfred Swinton Hurdle at Haydock on Saturday after a clerical error at Horse Racing Ireland on Friday resulted in last month's Ayr winner being entered in the Betfredcasino Long Distance Hurdle on the same card, writes Brian Fleming.