What to do when the court judgment contains errors and mistakes?
Sometimes a court judgment or its justification may contain typographical or computational errors. Such mistakes can significantly affect the life of the claimant and the defendant. What can be done in such a situation?
Court judgment - request for rectification
A request for rectification of the judgment may be filed by any person affected by the judgment. However, the judgment cannot be changed in the court of the same instance. Article 350 of the Code of Civil Procedure indicates that the judicial authority may, ex officio, correct shortcomings in the judgment, such as typographical, computational errors or other obvious errors. And although the provision indicates that the court has the power to rectify errors, it does not exclude the fact that it can be made both at the request of a party.
Court judgment - correction of a mistake
Unfortunately, the correction does not change the court's decision. This is because rectification can only be the correction of shortcomings. In this case, if the parties consider the judgment unfavorable, only an appeal remains. It is also important to know that if the case is pending before the court of second instance, the latter may ex officio correct the judgment issued in the first instance.
Court judgment - which is corrected
In the content of the provision, the legislator covered all errors and mistakes, which are called errors in the strict sense. All inaccuracies and defects have one common property, which is their obviousness. Most often we encounter errors such as: spelling mistakes of names or surnames, incomplete specification of the date of the announcement, etc. The following spelling errors include:
- misuse of the word,
- apparently wrong spelling,
- grammatical error,
- unintentional omission of one or more words.
On the other hand, when we mean errors in calculation, it is about mistakes made in some mathematical operation. This type of error occurs accidentally, beyond the actual will of the court. An example of such a mistake may be a mistake in counting the total amounts claimed by the claim annually.
In turn, "other obvious errors" are errors which, in their essence, are equal to typographical and computational errors. This group includes:
- issuing a judgment in non-contentious proceedings in the form of a judgment, instead of a decision.