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In Oregon I am representing myself in a lawsuit that I

filed. I originally filed for...
In Oregon I am representing myself in a lawsuit that I filed. I originally filed for Breach of contract, then 2 weeks later I amended the complaint to add Fraudulent Misrepresentation. The county clerk took my money for the amended complaint, but failed to scan the amended complaint to the case. ( 6/17) The defendant in the case had the case pulled to federal court and only the breach of contract claim was there. The defendant was served the amended complaint. How do I fix this?
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Answered in 34 minutes by:
3/17/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,043
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Dear Customer ,

Thank You for posting your civil procedure question this evening. I'm attorney Bill following up on your request. Clerical mistakes do occur from time to time.

You could file a motion under rule 60a of federal law to correct the judicial record based upon a clerical mistake.

"

a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court's leave.

"

Alternatively, you can motion to amend the complaint the first procedure is preferable.

We are here to help so please follow up with me as required.

In return remember to rate positively today.

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Attorney Bill

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Customer reply replied 1 month ago
We are deep into the case and they have responded to the one complaint. Same plan?

Yes as this is a clerical mistake you request the court to correct their mistake by motion.

We are here to help so please follow up with me as required.

In return remember to rate positively today.

I'm an independent legal expert and get a credit after you take the time to rate positively.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is always much appreciated.

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Attorney Bill

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Customer reply replied 1 month ago
Do I need case law?

No it a rule of civil procedure

"

Rule 60. Relief from a Judgment or Order

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court's leave.

"

You just contact the clerk and file the motion if needed.

I'm an independent legal expert and get a credit after you take the time to rate positively.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is always much appreciated.

Best

Attorney Bill

Bill Attorney
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Customer reply replied 1 month ago
Thank you!

Your welcome and thanks for the positive feedback

Attorney Bill

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Customer reply replied 1 month ago
Do you have a sample motion? I am sure it needs a declaration.?

The Federal Pr Se clinic offer guideline on drafting a motion if you are doing this without an attorney.

http://www.publiccounsel.org/tools/materials/files/GUIDE-Motion-to-Set-Aside-Entry-of-Default-PLUS-Forms.pdf

There are tips on format in the above document, albeit the relief is different.

You can contact the court's website and or clerk's office for assistance also.

Best

Attorney Bill

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