Motion 60(a)


#1

I found more information about motion 60 (b) which states for reasons 1, 2, and 3 (fraud upon the court) the motion has to filed no more than 1 year of the order.

However for motion 60 (a) clerical mistakes - Clerical mistakes in judgements, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the judge at any time on his own initiative or on the motion of any party after such notice, if any, as the judge orders.

If the judge denies the motion based on 60 (b) (1)…mistakes, indadvertance, surprise, or excusable neglect or 60 (1) (3)…fraud, based on the time being more than a year since the order was entered, do you think the typing of an order incorrectly would fall under 60 (a) clerical mistakes? as that could be considered that it was transcribed incorrectly, couldn’t it?

Just trying to make sure I understand how motions are handled. If it does fall under 60 (a) for clerical mistakes, would I have to file another motion or could I just present that as the reason on the same day (instead of 60(b)(1). I apologize for so many questions about this…I am confused. Thanks for all your help!


#2

Use all of your options in the motion, including alleging the errors were clerical in nature. The more reasons you give supporting your motion the more likely you are to be successful.