https://www.law.com/2023/05/23/arizona-appeals-court-clarifies-difference-between-clerical-and-judgmental-mistakes/
Phoenix, Arizona. Credit: Sean Pavone/Adobe Stock“Like all humans, judges make mistakes (yes, even appellate judges),” said Judge Michael S. Catlett, in his written opinion for the court. “Arizona Rule of Civil Procedure 60 accounts for that fallibility. Rule 60(a), for example, allows a superior court to amend a final judgment to fix ‘a clerical mistake or a mistake arising from oversight or omission.’ And Rule 60(b) allows a superior court to relieve a party from a final judgment due to, among other things, a ‘mistake.’”
May 23, 2023 at 05:17 PM
5 minute read
The Arizona Court of Appeals clarified the difference between a court’s clerical error and a judgmental mistake.
The appeals court also explained which section of Rule 60 each kind of mistake should fall under, according to the opinion.
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