Clerical Error, Scrivener's Error, and Vitium Clerici Explained
Definition & meaning
A clerical error, also known as a scrivener's error or vitium clerici, refers to a minor mistake made in a document that does not arise from judicial reasoning or intent. These errors can include typographical mistakes, the unintentional addition or omission of words, phrases, or figures, and other inaccuracies that alter the meaning of the document. Since these errors are made unintentionally, they can usually be corrected without objection from the parties involved.
Table of content
Everything you need for legal paperwork
Access 85,000+ trusted legal forms and simple tools to fill, manage, and organize your documents.
Clerical errors are commonly encountered in various areas of law, including civil, criminal, and family law. They often occur in court documents, contracts, and legal agreements. When a clerical error is identified, it can be rectified by the court on its own initiative or upon request from either party. Users can manage some of these situations using legal templates from US Legal Forms to ensure accuracy in documentation.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
One example of a clerical error is when a court mistakenly records a monetary amount owed as $50 instead of $500. In this case, the plaintiff is not bound by the incorrect amount, as it is only a clerical error.
Another example (hypothetical example) could be a situation where two parties agree on a contract verbally, but the written contract mistakenly omits a critical term. The aggrieved party can seek a reformation of the document to align it with the original oral agreement.
State-by-State Differences
Examples of state differences (not exhaustive):
State
Clerical Error Treatment
California
Allows for correction of clerical errors in court documents through a motion.
New York
Permits clerical error corrections via court order without a hearing.
Texas
Allows parties to correct clerical errors in contracts through mutual consent.
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
Clerical Error
Minor mistakes in documents that do not reflect intent.
Correctable without legal dispute.
Substantive Error
Errors that affect the rights or obligations of the parties.
Requires legal action for correction.
Typographical Error
Specific type of clerical error involving typing mistakes.
More focused on formatting issues than content.
Common Misunderstandings
What to Do If This Term Applies to You
If you discover a clerical error in a document that affects you, consider the following steps:
Review the document to confirm the error.
Contact the other party involved to discuss the correction.
File a motion with the court if applicable, or use a legal form template to correct the error.
If the matter is complex, consult a legal professional for assistance.
Quick Facts
Common types of clerical errors: typographical errors, omissions, misstatements.
Jurisdiction: Varies by state.
Possible penalties: None for clerical errors; corrections are typically straightforward.
Key Takeaways
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates
This field is required
FAQs
A clerical error is a minor mistake in a document that does not reflect the intent of the parties involved.
You can correct a clerical error by discussing it with the other party or filing a motion with the court.
Clerical errors are generally not serious and can be easily corrected without legal disputes.
While you can handle minor clerical errors yourself, consulting a lawyer may be beneficial for complex situations.
No, clerical errors do not affect legal rights as they are unintentional mistakes that can be corrected.
