Can a court correct its own clerical mistake by issuing an order correcting findings after the filing of an appeal?

California, United States of America


The following excerpt is from Makovsky v. Makovsky, 158 Cal.App.2d 738, 323 P.2d 562 (Cal. App. 1958):

The order in the instant case recites that the original findings were signed inadvertently as to the findings relating to the status of respondent's businesses. The fact that such order was signed after the filing of the notice of appeal is not an objection. 'The pendency of an appeal does not destroy the power of a court to make such correction [order correcting findings] of its record when the mistake is obvious from the other parts of the record and the proper correction can be made therefrom.' Crawford v. Meadows, 55 Cal.App. 4, 11, 203 P. 428, 431.

That a court may correct its own clerical mistakes on its own motion is explicitly stated in section 473 of the Code of Civil Procedure; such corrections are properly made nunc pro tunc in order make the record of a court state what actually occurred. Crawford v. Meadows, supra.

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