Motion to Correct a Clerical Mistake

When the motion to correct a clerical mistake is used

Timing: whenever the mistake is found. Post-trial motions come after a verdict or judgment. Their deadlines are short, so timing matters a great deal.

What the rule requires

• The court may correct such a mistake on motion or on its own, with or without notice (Rule 60(a)); after an appeal is docketed, the appellate court's leave is required while the appeal is pending.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 60(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to correct a clerical mistake in state court

This page covers the federal version. In state court, the motion to correct a clerical mistake may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for Relief from a Judgment or Order: a motion asking the court to relieve a party from a final judgment, order, or proceeding for one of the reasons listed in Rule 60(b).

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.