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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
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Experience:  Licensed Texas General Practice Attorney
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Once a court order had been entered can any changes be made

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Once a court order had been entered can any changes be made to it once 30days has passed. Reading the transcripts the court order does not match what the judge ordered. Can this be fixed? Criminal Court/ Indiana
the online docket and transcripts all agree; just not the Court Order.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Ultimately it depends on what the order was. In the absence of a timely-filed postjudgment motion, the circuit court lacks the necessary jurisdiction to amend, modify, or vacate its judgment after the passage of 30 days. Beck v. Stepp, 144 Ill. 2d 232, 238, 579 N.E.2d 824 (1991); Holwell ex rel. Holwell v. Zenith Electronics Corp., 334 Ill. App. 3d 917, 922, 779 N.E.2d 435 (2002); In re County Treasurer, 309 Ill. App. 3d
181, 187, 721 N.E.2d 745 (1999). Though a court may at any time modify its judgment to correct a clerical error or a matter of form so that the record conforms to the judgment actually rendered, that power may not be employed to correct judicial errors or to supply omitted judicial action. Beck, 144 Ill. 2d at 238; Holwell ex rel. Holwell, 334 Ill. App. 3d at 922. Yet, a circuit court has inherent authority to enforce its orders and judgments, and that power may extend beyond the 30-day period during which a court may modify its orders. Director of Insurance ex rel. State v. A and A Midwest Rebuilders, Inc., 383 Ill. App. 3d 721, 723, 891 N.E.2d 500 (2008) (citing Holwell ex rel. Holwell, 334 Ill. App. 3d at 922). Where an order contemplates future conduct, it may be inferred that the court retained jurisdiction to enforce it. Director of Insurance ex rel. State, 383 Ill. App. 3d at 723. ¶ 17

ScottyMacEsq :

So if it was a true clerical error, in that there was a mistake in the judicial action ordered, a motion to correct or amend could be filed.

ScottyMacEsq :

But if there was ordered judicial action orally, that did not make it to the actual order, and nothing was done to fix this within 30 days, that would be too late (see Beck and Howell).

ScottyMacEsq :

But if the order contemplates continued authority to enforce the judgment, then it still could be sought.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

The court transcript reads: Defendant is ordered to serve remainder of sentence in Lake County Community Corrections w/initial placement in Kimbrough Work Program. Def. to be evaluated by LCCC.

Customer:

The Court Order reads: Defendant to serve remainder of his sentence in Lake County Community Corrections Kimbrough Work program.

Customer:

The transcripts give authority over him to LCCC and the court order directly to the Kimbrough Work Program. He has another year of his sentence to serve Aug 2014 is his release and we are trying to get him on house arrest, LCCC said they have no jurisdiction because of they way the order is worded.

ScottyMacEsq :

At this point that's correct. The court would need to modify the order, even if it is a clerical error. Until the court modifies the order, that is going to be what LCCC is bound to follow.

ScottyMacEsq :

Now whether or not this would constitute a clerical error is something for the judge to determine, and I certainly would at least try to file a motion to modify based upon the clerical error.

ScottyMacEsq :

Often you can find these forms at your local library (I would ask the librarian if they have access to court forms online, or at least a book that has these forms).

ScottyMacEsq :

The clerk of the court also might have such a form available, although that's really hit or miss, depending on the county, and even the individual court in the county.

Customer:

I have an attorney working on this, he assigned his law student to do the research as to whether or not we can file a motion to correct the order. I am planning to forward him your responses.

Customer:

I wanted to get another opinion.

Customer:

So far you have been super helpful and I appreciate you thorough answers.

ScottyMacEsq :

Understood. Again, ultimately it depends on whether or not this truly was a clerical error or if it actually results in a "different" judgment, but I would say that your chances appear pretty good.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

Thank you:)

ScottyMacEsq :

You're welcome, and again, good luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

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Customer: replied 3 years ago.

I went to see my lawyer and he pointed out to me that all of the referenced material you gave me was ILLINOIS. It has no relevance in Indiana. Is there anything related to INDIANA?

I'm sorry, but when you asked this question, you indicated that Illinois was the operative jurisdiction:

"Optional Information:
Country relating to Question: United States
State (if USA): Illinois"

Per Indiana law, Indiana Rules of Trial Procedure Rule 60. Relief from judgment or order

(A) Clerical mistakes. Of its own initiative or on the motion of any party and after such notice, if any, as the court orders, clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the trial court at any time before the Notice of Completion of Clerk’s Record is filed under Appellate Rule 8. After filing of the Notice of Completion of Clerk’s Record and during an appeal, such mistakes may be so corrected with leave of the court on appeal.

Also per Rule 9(a) of the Indiana Rules of Appellate Procedure, the 30 day limitation is the same.

The result is the same, in that the court retains jurisdiction to amend clerical errors, but substantive errors are final after 30 days.

Customer: replied 3 years ago.

I apologize for the mix up but in my question I stated it was for Indiana Criminal Court, thanks.

Understood. I see that, and I just went with the wrong state mentioned. Hope that it clears things up.

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