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Legal Definitions - scrivener's error

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Definition of scrivener's error

Scrivener's error is a type of clerical error that occurs when a minor mistake or inadvertence is made in writing or copying something on the record. It is not a mistake resulting from judicial reasoning or determination.

For example, if a court document accidentally misspells a name or incorrectly transcribes a number, it would be considered a scrivener's error. These errors can be corrected at any time, even after a judgment has been entered.

Another example of a scrivener's error is when a party buys a horse believing it to be the one that they had already examined and ridden, when in fact it is a different horse. This mistake involving the identity of a particular object is called an error in corpore.

Overall, scrivener's errors are minor mistakes that can be corrected without affecting the substantive rights or outcome of a case.

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Simple Definition

Scrivener's error is a mistake made by someone who is writing or copying something down, like a typo or a misspelling. It is a type of clerical error, which means it is not a mistake made by a judge or based on legal reasoning. Scrivener's errors can be corrected at any time, even after a judgment has been made.

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The difference between ordinary and extraordinary is practice.

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