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NeCede's

Maxim 3.5.18

An error made by a clerk should not injure or prejudice; a clerical error may be corrected.

Source: Jenk. Cent. 23, 324; Dig. 34, 5, 3; Weisman, 37g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A clerical or scrivener's error in a record, deed, or judgment may be corrected without prejudice to any party — the substance of the act controls, not the scribe's inadvertent mistake.

Where this applies

  • A court clerk accidentally records a judgment amount as $5,000 instead of $50,000; the judge issues a nunc pro tunc order to correct the clerical error without reopening the case.
  • A deed is recorded with the wrong lot number because the county recorder transposed two digits; the parties petition to correct the scrivener's error so the true conveyance is reflected.
  • A marriage license lists the wrong date of birth for the bride due to a typist's mistake; the court corrects the record because a clerical error should not prejudice the parties.

Legal domains

Cite this maxim

NeCede Max. 3.5.18 — An error made by a clerk should not injure or prejudice; a clerical error may be corrected. — Jenk. Cent. 23, 324; Dig. 34, 5, 3; Weisman, 37g

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