How Do I Fix an Error in an Order?: Difference between revisions
Jump to navigation
Jump to search
How Do I Fix an Error in an Order? (view source)
Revision as of 18:15, 29 April 2013
, 29 April 2013no edit summary
Drew Jackson (talk | contribs) |
Gayla Reid (talk | contribs) mNo edit summary |
||
| Line 1: | Line 1: | ||
{{JP Boyd on Family Law How Do I TOC|expanded=other}} | {{JP Boyd on Family Law How Do I TOC|expanded=other}} | ||
{{OKCOPY}} | {{OKCOPY}} | ||
If you've found a mistake in an order that has been entered in court, whether an order of the Provincial Court or of the Supreme Court, you must apply to court to correct the order. Applications like these are limited to clerical errors or omissions; applying to correct an order is not a short cut to an appeal of the order! Applications to correct orders are usually limited to things such as misspellings, incorrect dates or bits of the oral order that were left out of the written order. | If you've found a mistake in an order that has been entered in court, whether an order of the Provincial Court or of the Supreme Court, you must apply to court to correct the order. Applications like these are limited to clerical errors or omissions; applying to correct an order is not a short cut to an appeal of the order! | ||
Applications to correct orders are usually limited to things such as misspellings, incorrect dates or bits of the oral order that were left out of the written order. | |||
==Provincial Court== | ==Provincial Court== | ||
| Line 24: | Line 26: | ||
You <span class="noglossary">will</span> have to prepare a [[PCFR Form 16 Notice of Motion|Notice of Motion]] to bring an application to correct an order in the Provincial Court. The notice <span class="noglossary">will</span> simply say that you're applying to correct the order of judge so-and-so, made on such-and-such a date. | You <span class="noglossary">will</span> have to prepare a [[PCFR Form 16 Notice of Motion|Notice of Motion]] to bring an application to correct an order in the Provincial Court. The notice <span class="noglossary">will</span> simply say that you're applying to correct the order of judge so-and-so, made on such-and-such a date. | ||
The application <span class="noglossary">will</span> be made under Rule 18(8) of the Provincial Court (Family) Rules, which gives a judge the authority to correct "a clerical mistake or omission in an order" | The application <span class="noglossary">will</span> be made under Rule 18(8) of the Provincial Court (Family) Rules, which gives a judge the authority to correct "a clerical mistake or omission in an order." | ||
==Supreme Court== | ==Supreme Court== | ||
| Line 47: | Line 49: | ||
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. | 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. | ||
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" | 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. | ||
{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | {{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | ||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
[[Category:How Do I?|F]] | [[Category:How Do I?|F]] | ||
[[Category:Other Family Litigation Issues]] | [[Category:Other Family Litigation Issues]] | ||
{{Creative Commons for JP Boyd}} | |||