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 pur-
posely, 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 perpe-
trated by the clerk of the court and may be read-
ily 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.
