Errors and mistakes in a court judgment - how to correct them?
You can often encounter a situation in which we come across errors and mistakes in a court judgment. Sometimes these are minor, insignificant typos, but there are occasions when such errors have a significant impact on the life of the pages. It is worth knowing what to do in this case and what steps to take to correct these errors. The provisions of the Code of Civil Procedure indicate a solution.
Errors and errors in the court judgment can be corrected
The first thing we can and should do is submit a request to rectify the judgment. It is true that the court is entitled to correct errors or mistakes ex officio, but it is not always able to notice errors and mistakes in the court judgment that it has just issued. It is necessary to distinguish from the rectification of the judgment its supplementation. The party is entitled to submit an application for supplementation of the judgment within 2 weeks of the announcement / service of the judgment. If a party fails to meet this deadline, it may bring a new action, e.g. for the part that has not been adjudicated. On the other hand, the court may not supplement the judgment ex officio as in the case of correcting obvious errors and mistakes.
It should be borne in mind that the correction of a judgment is only a correction of some shortcomings, and in no case does it lead to a change of the decision made by the court, as this solution is served by an appeal. However, there is no requirement that the court that issued the judgment should rectify the judgment, as the provisions provide for the possibility of rectifying the judgment of the court of first instance by the court of second instance before which the case is currently pending.
Errors and errors in a court judgment - types
Errors in the judgment are all obvious inaccuracies and defects. Most often these are errors in the spelling of names and surnames, incorrectly entered date, and moreover, the following should be considered spelling errors:
- misuse of the word;
- apparently wrong spelling;
- grammatical error;
- unintentional omission of one or more words.
Mathematical errors are mistakes made randomly, usually in some mathematical operation.
On the other hand, "other obvious errors" are errors essentially equivalent to spelling and calculation errors. This group includes:
- issuing a judgment in non-contentious proceedings in the form of a judgment, instead of a decision.