Can a judge correct his judge on a mistake he made prior to an appeal being heard?
Full Question:
If a Judge becomes aware that he has made a mistake on a material fact in a case that is being appealed can he correct his Judgement prior to the appeal being heard? Can a defendant contact the Chief Justice of a District to review evidence and transcripts that clearly show a Judge on his bench has made a mistake in regard to a material fact in a case that a Judgement has been filed on?
09/12/2007 |
Category: Courts |
State: Kansas |
#8638
Answer:
A court may amend its judgment to correct inaccuracies or ambiguities that might cause its actual intent to be misconstrued. Omissions, erroneous inclusions, and descriptions are correctable. However, persons who were not parties to the action cannot be brought into the lawsuit by an amended judgment. The Federal Rules of Civil Procedure allow a judgment to be amended by a motion served within ten days after the judgment is entered. State rules of civil procedure also permit amendment of a judgment.
Please see the information at the following link:
http://definitions.uslegal.com/e/ex-parte/