Q: Notice of errata or Declaration preferrable in this situation?
Notice of appeal correctly states order that appeal is taken from and against what named defendant.
In title of notice of appeal in defendant/respondent field Name of the case in superior court , ET al. list of defendants is referenced.
Does modification of name of defendant/respondent In this situation can be taken care of by notice of errata, or by declaration?
(In case of declaration amended notice does not seem to be needed).
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A:
In this situation, a Notice of Errata would be the more appropriate and efficient choice to correct the defendant/respondent information in your Notice of Appeal. This simple procedural correction can address the discrepancy between the full list of defendants and the abbreviated "et al." reference.
While a Declaration could technically be used, it would be unnecessarily formal and complex for what is essentially a clerical correction. The Notice of Errata directly addresses the naming issue and provides a clear record of the correction without requiring additional procedural steps or explanations that would come with a Declaration.
The key consideration is that you're not changing the substance of the appeal or adding new parties - you're simply clarifying information that was already referenced through the "et al." designation in the original notice. Since the original Notice of Appeal correctly identified the order being appealed and the primary defendant, using a Notice of Errata maintains the validity of your appeal while ensuring all parties are properly identified in the record.
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