Rule Text
The proceedings to correct mistakes or omissions of the clerk, or irregularity in obtaining a judgment or order, shall be by motion, upon reasonable notice to the adverse party or his attorney in the action.
Amendment history: R.L. 1910, § 5268. Amended by Laws 1969, c. 304, § 4, emerg. eff. April 28, 1969; Laws 1993, c. 351, § 26, eff. Oct. 1, 1993.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If you need to fix a mistake the court clerk made, or if you think a judgment or order was obtained the wrong way, you can't just show up and complain. You have to file a formal motion asking the court to fix the problem.
Before the court will look at your motion, you have to give the other side a heads up. This means sending reasonable notice to the other party or their lawyer. This gives them a chance to respond before the judge decides anything.
The idea behind this rule is fairness. Both sides deserve a chance to be heard when someone asks the court to change a judgment or fix an error. Nobody should be able to make changes behind the other person's back.