How To Fix A Clerical Error In A Court Order

A mistake in a court order is called a clerical error. 

Some examples are a typographical error, an incorrect date, mathematical error, and differences between the judgment signed and the judgment the court intended to sign. 

For a court order to be enforced and followed, it must be very specific. Any clerical error should be corrected if there is any possible uncertainty. 

You can fix the clerical error by filing a document with the court called a motion for judgment nunc pro tunc. 

A motion for judgment nunc pro tunc asks the judge to issue a new judgment or order that contains the correct information. 

Any civil case, including but not limited to a personal injury suit, a divorce, or child custody and support matter. Motions for judgment nunc pro tunc can also be used in criminal cases. 

Use this guide to ask the court for a corrected document. 

Yes. Before filing a judgment nunc pro tunc you must determine whether the court’s plenary power has expired. A court’s plenary power typically expires 30 days after the judge signs the judgment. If the court’s plenary power has not expired you do not need to file a motion for judgment nunc pro tunc.  

If you do not agree with the court’s decision, this is called a judicial error. A motion for judgment nunc pro tunc is not intended to correct a judicial error. You must pursue a different remedy to correct a judicial error.