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Family Law Tip of the Week: Motion to Correct Error 101 - Family Law News

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Family Law News


Posted on: Aug 2, 2017

By Mag. Kimberly Dean Mattingly, Marion Superior Court

There is a big difference between a Motion To Correct Error and a Motion to Correct Scrivenor’s Error, and a Motion to Reconsider is yet another category. Please don’t file a Motion to Correct Error unless you are truly asking the Court to correct its own error (examples: a math error calculating a support arrearage, juxtaposition of numbers in a property division, failure to list the reasons for deviating from support guidelines or 50/50 division, failure to use the appropriate standard for a modification, etc.). A Motion to Correct Errors is not used to correct your error, or the clerk’s error. And it is not used to ask the court to re-weigh a decision or take another look – that is generally a Motion to Reconsider. Be aware that a Motion To Correct Error sets up different deadlines from other motions (see TR 53.3) and must be served on the judge (see TR 59(C)).
 
On the topic of civility, I was reminded of IndyBar’s Take Opposing Counsel to Lunch event on September 12. You don’t have to tell opposing counsel if you are inviting them because you like them or because you want to clear the air – just go!

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