Legal Definitions - clerical misprision

Clerical misprision refers to a minor, unintentional error or oversight made by a court clerk or administrative staff during the process of recording, transcribing, or filing legal documents or court proceedings. These are typically mistakes in data entry, spelling, dates, or other administrative details that do not affect the fundamental legal decision or outcome of a case, but require correction to ensure the accuracy of the official record.

Here are some examples to illustrate this concept:

• Example 1: Typographical Error in a Judgment

  A judge issues a ruling stating that a plaintiff is awarded $15,000 in damages. However, when the court clerk prepares the official written judgment, they accidentally type "$1,500" instead of "$15,000." This is a clerical misprision because it's a simple transcription error made by administrative staff. The judge's actual decision was for $15,000, and the written record needs to be corrected to reflect that.

• Example 2: Incorrect Date on a Filed Document

  A lawyer files an important motion with the court on October 26th. The court clerk, when stamping the document to officially record its receipt, mistakenly uses a stamp set to October 25th. This error in dating the filing is a clerical misprision. While it might initially cause confusion regarding filing deadlines, it's an administrative mistake that can be corrected by verifying the actual date of submission, and it doesn't change the substance of the motion itself.

• Example 3: Misspelled Name in Court Records

  In a civil lawsuit, one of the parties is named "Ms. Kathryn Smith." Throughout the trial, her name is correctly used. However, when the court clerk enters the final details into the official court docket and judgment, they repeatedly misspell her name as "Ms. Katherine Smith." This consistent misspelling in the official record constitutes a clerical misprision. It's an administrative error that doesn't alter the legal rights or responsibilities of the party but requires an amendment to ensure the court records accurately reflect the correct identity.