TITLE SIX — SUPPLEMENTARY PROCEEDINGS; SPECIAL PROCEEDINGS; SUPPLEMENTARY RULES
Rule 42. Clerical Mistakes
Correction by the Court. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be corrected before the appeal is docketed in the Supreme Court, and thereafter while the appeal is pending may be corrected with leave of the Supreme Court.
What Is a Clerical Mistake. A clerical mistake is an error of transcription, computation, description, or omission by which the record fails to record what the court in fact decided or did. It is not a clerical mistake that the court decided wrongly, applied the wrong law, or would decide differently upon reflection. Relief from a substantive error is obtained under Rule 29, Rule 30, or on appeal under Rule 35, and not under this rule.
Motion. A motion under this rule shall identify the instrument or entry to be corrected by its date and, where the instrument is a filing, by its Bates number; shall state the mistake; and shall state the correction sought. The motion may be made at any time while the court retains jurisdiction.
How a Correction Is Made. The record of the electronic filing system is immutable. A document once received cannot be edited, replaced, redacted, or withdrawn, and a filing once made cannot be amended or withdrawn. Accordingly:
Order of Correction. A clerical mistake in an order, judgment, or other instrument of the court is corrected by an order of correction, entered upon the docket, which identifies the instrument corrected, recites the mistake, and states the instrument as corrected. The order of correction takes effect as of the date and time of the instrument corrected.
Corrected Refiling by a Party. A clerical mistake in a document filed by a party is cured by filing a corrected document. A corrected filing is a new filing, bears its own filing date, and does not relate back to the filing it corrects. Where the correction is material to a period prescribed by these rules, the party shall move under Rule 46(11).
The Erroneous Instrument Remains. Neither an order of correction nor a corrected refiling removes the erroneous document from the record. Every document accepted for filing remains in the record, and no order of the court shall direct the clerk to delete it.
Correction by the Clerk. The clerk may correct, without order, an entry within the clerk’s control which is erroneous through oversight, namely the status, priority, and judicial assignment of a case, the recorded particulars of service upon a party, the role recorded for a party, and the flag recording that a party is self-represented. The clerk shall not alter a filing, its filing code, its Bates number, its documents, its electronic signature, its recorded timestamps, or the reason recorded for a rejection. A correction under this subdivision shall be noted upon the docket.
Correction of an In-Game Instrument. A mistake in an entry made in the in-game warrants system under Rule 6(1)(c) or Rule 44(8) is corrected by cancelling the entry and making a corrected entry. The signed written warrant governs, and no correction of an in-game entry enlarges the authority conferred by the written warrant. The cancellation and the corrected entry shall be recorded on the return.
Notice. An order of correction is entered and served as any other order is. Where the court corrects a mistake on its own initiative and the correction affects a right of a party, the court shall afford the parties notice and an opportunity to be heard before entering the order, unless the mistake is patent upon the face of the record.
Sentence and Judgment. A clerical mistake in the recording of a sentence may be corrected under this rule so that the record conforms to the sentence pronounced. Where the sentence pronounced was itself unlawful or is to be altered, Rule 29 governs. Where the correction of a judgment affects the term of confinement of a person then in custody, the court shall enter the order of correction forthwith and shall cause notice to be given to the custodian.