Legal Definitions - vitium clerici

Vitium clerici is a Latin term that translates directly to "clerical error." In legal contexts, it refers to a minor mistake or oversight made by a clerk, administrative assistant, or other non-judicial staff member when preparing or recording legal documents, records, or judgments.

These errors are typically accidental, do not reflect a deliberate decision or a substantive change in the law or facts, and are often easily correctable without altering the fundamental meaning or intent of the document. They are distinct from judicial errors, which involve mistakes in legal reasoning or interpretation made by a judge.

Here are some examples illustrating vitium clerici:

• Typographical Error in a Contract: Imagine two businesses finalize a sales agreement for a piece of machinery. The agreed-upon price was $50,000. However, when the legal assistant types up the final contract, they accidentally write "$5,000" in one of the clauses. All other correspondence, previous drafts, and the parties' understanding clearly indicate the correct $50,000 figure. This mistake is a vitium clerici because it's a simple typing error by administrative staff, not a change in the agreed terms between the parties. It can typically be corrected without needing to renegotiate the entire contract.

• Incorrect Date in a Court Filing: A lawyer files a motion with the court, and the paralegal responsible for preparing the cover sheet mistakenly enters the current year as "2023" instead of "2024." The body of the motion, the attached exhibits, and the court's own timestamp all reflect the correct filing date. This is a vitium clerici because it's an administrative data entry error that does not affect the substance or validity of the motion itself. The court would likely allow a simple correction to the cover sheet.

• Misspelled Name in a Judgment: A judge issues a final judgment in a civil case, ruling in favor of "Ms. Eleanor Vance." When the court clerk transcribes the judge's order into the official court record, they accidentally spell her name as "Ms. Elinor Vanc." This is a vitium clerici because it's a minor transcription error by court staff. The identity of the winning party is clear from the rest of the judgment and the case proceedings, and the misspelling does not change the outcome or legal effect of the judgment. The court can easily amend the record to correct the spelling.