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What Can I Do If My Family Court Order Has A Mistake?

Posted by attorney Ryan Reppucci

You would probably be surprised by the number of prospective clients that I meet with who come to me with questions regarding a mistake the court has made in its minute entries and/or court orders. First, I will let everyone know that the Court staff is human and that yes mistakes do occur.

With this said, it is a rather simple process to correct these mistakes. Rule 85, _ Arizona Rules of Family Law Procedure_, ("ARFLP"), allows for clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission to be corrected by the court at any time of its own initiative or on motion of any party and after such notice, if any, as the court orders. During pendency of an appeal, such mistakes may also be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with approval of the appellate court.

If the mistake is obvious then, it is rather easy and very much certain that the Court will make the appropriate corrections. The discount and affordable Arizona family attorneys at the Law Firm of Ariano & Reppucci, PLLC can assist parties in filing the appropriate motions with the Court to correct any mistakes in the record.

Generally a mistake in the record will not relieve the parties or the parties legal representatives from a final judgment. However, Rule 85 (C) sets out several specific situations wherein a final judgment and/or order may be set aside (i.e. vacated) due to mistakes of the Court.

These situations are unique and very fact sensitive and therefore if you have questions regarding whether your judgment remains enforceable despite a mistake of the Court, I suggest that you meet with an experienced Arizona Family Law attorney at the Law Firm of Ariano & Reppucci, PLLC to further discuss your specific situation.

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