Legal Definitions - memorandum in error

A memorandum in error is a formal written document submitted to a court or other legal authority that points out and explains a specific factual mistake in a previous record, ruling, or official document. It is typically supported by an affidavit, which is a sworn statement from someone with personal knowledge, attesting to the truthfulness of the alleged error. The purpose is to request that the identified factual inaccuracy be corrected.

• Example 1: Court Transcript Correction

  During a criminal trial, a witness testifies that they saw the defendant at "approximately 9:00 PM" on a specific date. However, when the official court transcript is produced, it mistakenly records the time as "approximately 9:00 AM." This factual discrepancy could be crucial to the defense's timeline.

  The defense attorney would file a memorandum in error with the court. This document would clearly state that the transcript contains a factual mistake regarding the time of the witness's observation. It would likely be accompanied by an affidavit from the attorney or a paralegal who reviewed the audio recording of the testimony, swearing that the witness indeed stated "9:00 PM," not "9:00 AM." The memorandum would then request that the court correct the official transcript to reflect the accurate testimony.

• Example 2: Administrative Agency Record Update

  A veteran applies for disability benefits, and the initial decision from the Department of Veterans Affairs (VA) incorrectly states that the veteran served for "three years" when their official military records clearly show a service period of "five years." This factual error could impact the level of benefits awarded.

  The veteran or their representative would submit a memorandum in error to the VA. This document would highlight the specific factual mistake in the decision regarding the length of service. It would be supported by an affidavit from the veteran, attaching copies of their discharge papers or other official military documents that prove the correct five-year service period. The memorandum would request that the VA amend its records and decision to reflect the accurate service history.

• Example 3: Property Deed Clarification

  After a property sale, the county recorder's office issues a new deed that mistakenly lists the property's address as "123 Main Street" when the actual, legally recognized address for the purchased parcel is "123 Maple Avenue." All other details, like the legal description and parcel number, are correct, but the street name is wrong.

  The new property owner or their attorney would file a memorandum in error with the county recorder's office. This document would precisely identify the factual error in the street address on the deed. It would be accompanied by an affidavit from the attorney or a surveyor, attaching supporting documents such as the original purchase agreement, survey maps, or previous deeds that clearly show the correct address as "123 Maple Avenue." The memorandum's purpose would be to have the county correct the deed to reflect the accurate street address.