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.
He said that the Federal Law Minister Zahid Hamid had said that it was a clerical error, stressing that the government had not amended any law yet the 'error' was still not explained.
A BIRMINGHAM pub has had to close suddenly because of "a clerical error.
78) with increasing number of required data elements in the synoptic report, and cases with 10 or fewer required data elements had a significantly lower rate of clerical error than those with 20 or more required data elements (P < .
It was just a clerical error,' Medialdea said in a text message to the Inquirer.
30PM Genial prison chaplain Peter Sellers is a literal clerical error after being sent by mistake to a Tory stronghold.
Terry Tyson, head of Galway Vintners, which represents publicans in the city, revealed: "There was a clerical error between the solicitors and ourselves.
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.
5 billion augmentation of the Priority Development Assistance Fund (PDAF) for some legislators under the Disbursement Acceleration Program in 2011 was just a clerical error.
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.