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Difference between revisions of "How Do I Fix an Error in an Order?"
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How Do I Fix an Error in an Order? (view source)
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===Steps=== | ===Steps=== | ||
You <span class="noglossary">will</span> have to prepare a [[Form F31 Notice of Application|Notice of Application]] and [[Form F30 Affidavit|Affidavit]] to correct an order in the Supreme Court. The notice <span class="noglossary">will</span> simply say that you're applying to correct the order of judge or master so-and-so, made on such-and-such a date. The affidavit <span class="noglossary">will</span> simply discuss the problem in the order and provide some proof about what the order ought to say, such as the court clerk's notes from the original hearing. Ask the registry to see clerk's notes. | You <span class="noglossary">will</span> have to prepare a [[Form F31 Notice of Application|Notice of Application]] and [[Form F30 Affidavit|Affidavit]] to correct an order in the Supreme Court. The notice <span class="noglossary">will</span> simply say that you're applying to correct the order of judge or master so-and-so, made on such-and-such a date. The affidavit <span class="noglossary">will</span> simply discuss the problem in the order and provide some proof about what the order ought to say, such as the court clerk's notes from the original hearing. Ask the registry to see the clerk's notes. | ||
In the Supreme Court, the application <span class="noglossary">will</span> be made under Rule 15-1(18) of the Supreme Court Family Rules, also called the ''slip rule'', which gives the court the authority to correct a "clerical mistake" in an order resulting from "an accidental slip or omission." This rule also allows the court to amend an order to decide an issue that should have been decided but wasn't. The scope of the Supreme Court rule is a bit broader than the Provincial Court rule. | In the Supreme Court, the application <span class="noglossary">will</span> be made under Rule 15-1(18) of the Supreme Court Family Rules, also called the ''slip rule'', which gives the court the authority to correct a "clerical mistake" in an order resulting from "an accidental slip or omission." This rule also allows the court to amend an order to decide an issue that should have been decided but wasn't. The scope of the Supreme Court rule is a bit broader than the Provincial Court rule. | ||
