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Fill and Sign the Correct Clerical 497315230 Form

Fill and Sign the Correct Clerical 497315230 Form

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IN THE COUNTY COURT OF       COUNTY, MISSISSIPPI       PLAINTIFF vs. CIVIL ACTION NO.             DEFENDANTS MOTION TO CORRECT A CLERICAL ERROR PURSUANT TO RULE 60(a) COMES NOW Plaintiff,       and files this its Motion to Correct a Clerical Error Pursuant to Rule 60(a) of the Mississippi Rules of Civil Procedure, and in support thereof, would show unto the Court the following: 1.       filed its Complaint for Claim and Delivery against the Defendants herein on             ,       , seeking possession of a       , serial number       . 2. A trial was held on the Complaint on             ,       at which time       appeared and put on testimony in support of its case.       filed an answer in the matter through his/her/their attorney but agreed to       's right to possession and therefore did not appear at the trial.       failed to answer or appear. 3. After the presentation of       case, this Court rendered a decision in favor of       , granting it possession to the subject       . After the Court rendered its decision, counsel for       provided the Court with an Order which was consistent with the Court's ruling but which inadvertently contained a clerical error as to the description and location of the subject       . The correct description of the subject       is a       , serial number       last known to be located at       , Mississippi; however, the order incorrectly described the       as being a       last known to be located at       , Mississippi. 4. The Complaint in this matter, all other relevant pleadings, the testimony at trial, and the Court's ruling from the bench all correctly referred to the       , serial number       last known to be located at       , Mississippi. The reference in the order entered by the Court to a       home last known to be located at       , Mississippi was clearly an inadvertent clerical error which should be corrected by the entry of a Corrected Order which refers to a       , serial number       last known to be located at       , Mississippi. 5. Rule 60(a) of the Mississippi of Civil Procedure provides that clerical mistakes in judgments and orders may be corrected by the Court on its own initiative or on the motion of any party. With regard to the motion of a party, Rule 60(a) further provides that notice to other parties is discretionary with the Court. In this case, the inadvertent error is so clear that requiring notice to the other parties and conducting a hearing on the Motion would be a waste of the resources of this Court and the parties. WHEREFORE, PREMISES CONSIDERED, Plaintiff,       , respectfully requests that this Court correct the inadvertent clerical error in the Order entered in this matter on             , 20       pursuant to Rule 60 of the Mississippi Rules of Civil Procedure by entering a Corrected Order which grants       possession to a       , serial number       last known to be located at       , Mississippi without requiring notice to the other parties or conducting a hearing on the Motion. Respectfully submitted this the       day of       , 20       . By:      

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