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Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

Motion to Correct Clerical Mistake


Asking to correct a clerical mistake in a court order

If one or both parties believe there is a clerical mistake in a judgment or order, they can file a Motion to Correct Clerical Mistake under Utah Rule of Civil Procedure 60(a).

The general process is for one party to file the motion and send a copy to the other party. If the other party disagrees with the motion, they can file a Memorandum Opposing the Motion.

If both parties agree about correcting the clerical mistake, one party may file the motion and the other party can sign a stipulation to the motion.


What is a clerical mistake?

The court can correct a clerical mistake, an oversight, or add something that was accidentally left out of an order. Examples of clerical mistakes include:

  • Spelling mistakes
  • Math mistakes
  • Mixing up party names or designation

Asking the court to change its order for reasons other than a clerical mistake

If a party wants to ask the court to change an order for reasons other than a clerical mistake, the process depends on the situation.

If a party…

They can…

believes the judge made a wrong decision

consider filing an appeal.

did not receive notice of the hearing

Has had a change in circumstances

file papers to ask the court to change its order.

The court's website offers information and forms for modifying child custody, modifying child support and modifying parent-time. Parties wanting to modify an order in other types of cases should talk to an attorney.


Corrected order

If the judge or commissioner grants the motion to correct the clerical mistake, the court's order may require one of the parties to prepare a corrected order and to title it "Nunc Pro Tunc Corrected Order."

The corrected order must be titled this way (if ordered) so that the corrected order is effective as of the date of the original order.

The party responsible for preparing the corrected order should send it to the other party for review and approval before submitting it to the court for the judge to sign. The corrected order should be identical to the original order, except for the part(s) the judge has ordered to be corrected.


Will the motion be decided by a judge or commissioner?

Judges may rule on all motions in all types of cases. However, in Judicial Districts 1, 2, 3 and 4 , commissioners are assigned to hear most matters in divorce cases and several other types of family law cases. Motions decided by a judge and motions decided by a commissioner follow different procedures.

If you are not sure whether your case is assigned to a judge or commissioner, find out. Call the court, or look at the caption of the complaint or petition. If a commissioner's name has been listed in the caption, the motion will probably be decided by a commissioner.

Motions decided by a judge are governed by URCP 7 .

A judge will not rule on a motion until the time for filing an opposition to the motion has expired and a Request to Submit for Decision has been filed.

Motions decided by a commissioner are governed by URCP 101 .

See our Motions web page for more information about the difference in procedures and timelines depending on who is deciding the motion.


Forms


Forms for Motions Decided by a Judge


Forms for the Moving Party

Required forms for the moving party
  • Motion to Correct Clerical Mistake - PDF | Word
  • Request to Submit for Decision - PDF | Word
    (filed after all documents have been filed, or the time has passed for the other party to respond)
  • Order on Motion to Correct Clerical Mistake - PDF | Word
Optional Forms for the Moving Party
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Reply Memorandum Supporting Motion - PDF | Word
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
Forms for the Opposing Party

Required forms for the opposing party
  • Memorandum Opposing Motion - PDF | Word
Optional forms for the opposing party
  • Stipulation - PDF | Word
    (if the opposing party agrees to the motion after it has been filed)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Request to Submit for Decision - PDF | Word
    (if the other party has not filed this document)
  • Findings of Fact, Conclusions of Law and Order - PDF | Word
    (if the opposing party is directed to complete the order)

Forms for Motions Decided by a Commissioner


Forms for the Moving Party

Required forms for the moving party
  • Motion to Correct Clerical Mistake - PDF | Word
  • Notice of Hearing - PDF | Word
  • Order on Motion to Correct Clerical Mistake - PDF | Word
Optional forms for the moving party
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Reply Memorandum Supporting Motion - PDF | Word
    (if the other party has disagreed with the motion and the moving party wishes to respond)
Forms for the Opposing Party

Required forms for the opposing party
  • Memorandum Opposing Motion - PDF | Word
Optional forms for the opposing party
  • Stipulation - PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Findings of Fact, Conclusions of Law and Order - PDF | Word
    (if the opposing party is directed to complete the order)

Related Information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 8/13/2018
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