At the close of a federal civil trial, the court held in favor of the student loan provider for the full amount plus post-verdict interest at 8%. When the court clerk typed up the final order to send to all parties, she accidentally typed in 9% as the post-verdict interest rate. The law student did not notice the error until 14 months after the judgment was entered. She immediately filed a motion for relief from judgment based on a clerical mistake to correct the order to reflect the accurate interest rate.

Question

Journey Soto

Business

21 February, 20:18

At the close of a federal civil trial, the court held in favor of the student loan provider for the full amount plus post-verdict interest at 8%. When the court clerk typed up the final order to send to all parties, she accidentally typed in 9% as the post-verdict interest rate. The law student did not notice the error until 14 months after the judgment was entered. She immediately filed a motion for relief from judgment based on a clerical mistake to correct the order to reflect the accurate interest rate.

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Martin · Answer 1

D) Yes, because motions for relief from judgment to correct clerical mistakes can be made at any time.

Explanation:

Since there is no time limit to file a motion fro relief from judgment to correct clerical mistakes, the court will likely grant the motion. The court order should correct the error dates back to the time when the judgment was entered.

This is called a clerical mistake because court clerk incorrectly recorded the interest rate at 9% while the court ordered that it should be 8%.