Correcting a Court Error
Mistakes made by the court clerk are clerical errors. They include:
A legal error occurs if the Judge applies the wrong law or legal theory to your case. Legal errors are much harder to prove than clerical errors.
Legal errors include:
If you ask the court to correct a legal error, you must include case law or legal codes that prove an error was made.
If you simply disagree with the Judge’s ruling or his interpretation of the evidence, no legal error has occurred and the court will take no action. However, you may be able to Appeal the decision.
Take these steps to correct a clerical or legal error:
For clerical errors, explain what error you believe was made in the space provided on the form. Also state how it should be corrected.
For legal errors, include the case law or legal codes that prove an error was made. Explain why you believe the Judge mistakenly applied the law.
Filing this form does not extend the time period you have to file an Appeal.
After You File
The court can schedule a hearing, or they can make a decision without a formal hearing.
If a hearing is scheduled, all parties will be told of the court date by mail. At the hearing, you must explain to the Judge why you believe an error was made and how you want it corrected.
If a hearing is not scheduled, the court will decide the matter on its own and mail you a decision.
Contact us for more information or speak with one of our counselors at (800) 593-8222. If you live outside of Southern California, call us at (213) 974-9759.
Updated Sept. 1, 2009
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