Q: Can I file a Motion to Correct Clerical Mistake because of an error made by court clerk?
I am a pro se litigant and I recently filed a Complaint. However, the Clerk designated my case as a contract case, when in fact it’s a personal injury case. I’ve tried calling and talking to the clerk, but she’s firm in her belief and claimed to read my complaint. If she did so, she would see it has nothing to do with contracts.
I know FRCP Rule 60 is to correct an error with a judgment, but could I file a Motion to Correct Clerical Mistake to correct the wrongful nature of suit designation?
A: The designation by the court of the type of case you filed is not critical. It's my understanding that the court does that for administrative purposes. What is critical is that you Complaint correctly pleads your case. If you believe you have a personal injury case, but you've somehow plead this in such a way that the court believes this is a contract case, then you should have concerns with how you plead the case and you may need to amend your complaint.
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