What if the Court makes a clerical mistake?

Published by Jessica Burke on

If the Court makes a clerical mistake, there is a way to fix it.

The Vermont Superior Courts and court clerks work hard to implement justice. Everyone is human, so occasionally mistakes do happen.

Vermont Rule of Criminal Procedure 36 allows for “clerical mistakes in judgements, orders, or other parts of the record” to “be corrected by the court at any time of its own initiative or on the motion of any party.”

If you believe the Vermont Superior Court made an error in your case the Court can correct the error on its own or by you or your attorney (if you are represented by counsel) writing a motion requesting the record to be corrected.

Jessica Burke

Jessica Burke is a licensed Vermont attorney and the founder of Burke Law. She obtained her undergraduate degree from Boston College in Political Science, and then received her law degree from Washington & Lee Law School. After law school she worked with several top law firms before settling in Vermont and building her own practice. In addition to being licensed to practice law in the state of Vermont, she also holds a State Bar certification in New Hampshire and Massachusetts, among others. She specializes in criminal defense, including DUI defense, homicides, and sex crimes.

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