Understanding the Bill of Review for Error Apparent in Legal Context

Definition & Meaning

A bill of review for error apparent is a legal document used in equity cases to challenge a court's decree based on an error that is clear from the record. This type of bill does not introduce new facts or evidence but focuses on correcting mistakes that are evident in the original proceedings. It serves as a mechanism for parties to seek a review and potential reversal of a decree due to these apparent errors.

Table of content

Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) A person receives a court decree ordering them to pay a certain amount in damages. Upon reviewing the decree, they notice a mathematical error in the calculation of the damages that is clear from the decree itself. They file a bill of review for error apparent to correct this mistake.

State-by-state differences

State Key Differences
California Allows for a broader interpretation of apparent errors.
Texas Strict deadlines for filing a bill of review.
New York Specific forms and procedures must be followed.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Bill of Review A request to review a court's decision. Can introduce new evidence.
Appeal A request to a higher court to review a lower court's decision. Generally involves a broader review process.

What to do if this term applies to you

If you believe a decree contains an apparent error, consider filing a bill of review. Start by reviewing the original decree carefully to identify the error. You may use legal templates from US Legal Forms to assist in drafting your bill. If the situation is complex or the error significantly impacts your rights, consulting a legal professional is advisable.

Quick facts

  • Typical filing period: Varies by state, often within a few months of the decree.
  • Jurisdiction: Civil court systems.
  • Possible outcomes: Correction of the decree or affirmation of the original decision.

Key takeaways

Frequently asked questions

It is a legal document used to challenge a court decree based on clear errors in the record.