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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in classic literature ?
And without that it is extremely difficult to guard against clerical errors in this climate.'
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For the Government, Work and Pensions minister Guy Opperman told MPs: "The Government apologises unreservedly for the clerical error. It was a clerical error that led to Mrs Worrall's pension payment being stopped." Labour MP David Hanson (Delyn) raised the case of his constituent on behalf of her family and urged the Government to ensure "nobody again will commit suicide due to poverty".
The Commission on Elections (Comelec) has blamed the 'conflicting data' on 'clerical error' in the preparation of the certificate of canvass.
But Comelec Spokesman James Jimenez said this was a mere "clerical error" which can be corrected in the national canvass.
Back in the day, when PML-N government was forced to accept its mistake after the public backlash, party tried to defuse the situation by calling it a clerical error. However, Shehbaz Sharif disagreed with his own party and even demanded that the man responsible for the mistake be kicked out from the party.
"I hesitate to suggest something common sense, but what about just saying go back and give the bidder an opportunity to sign or correct what may be a clerical error, and if they don't you can move forward with all the actions that result in this," said Franchot.
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According to a spokesperson for the DRO, votes of one polling stations were not counted owing to a clerical error on Thursday.
Management spent a considerable amount of time discussing the preliminary J-Code ruling for Sinuva that came out earlier this week and noted that this was a clear clerical error, O'Brien tells investors in a research note.