Q: Does a subpoena need to be refiled if there's a clerical error?
I was served a subpoena to give testimony at a deposition. I am a NJ resident but the subpoena was filed in Florida (United States District Court for Southern District of Florida). It's in regard to a timeshare exit company we used. The address of the meeting place for the deposition is incorrect. It says Flemington, NY but they meant Flemington, NJ. Does the subpoena need to be corrected and refiled with the court for the typo? Am I required to comply with a subpoena from another state? I have no real estate ownership in Florida.
A: No, it does not, that is called a scrivener's error. The doctrine of a "scrivener's error" is the legal principle that a map-drafting or typographical error in a written contract may be corrected by oral evidence if the evidence is clear, convincing, and precise. So it is valid as is.
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