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Mistaken Court Order Removal
Summary
To correct a clerical mistake in your court record, file a Motion to Correct Clerical Mistake in Court Record in Illinois. Include details of the mistake, evidence, and the discovery date. If misrepresentation occurred, consider filing a Motion for Fraud Upon the Court. Attach relevant documents and evidence to support your claims.Full Conversation
Yes, I want it removed from my court case file. because I had no state's attorney involved in my case at that time. And I did not file any motion to dismiss the case against the respondent. This was clearly mistaken. ly put into my case file pertaining to my case. in this case is in Chicago, IL.
I'm sorry to hear about the confusion with your case. To address the mistaken court order, you can file a motion to correct or expunge the record. Here are the steps:
- Draft a motion detailing the mistake.
- Attach any relevant evidence.
- File the motion with the court where your case is pending.
- Attend the hearing to present your case.
Would you like more specific guidance on drafting the motion?
- Draft a motion detailing the mistake.
- Attach any relevant evidence.
- File the motion with the court where your case is pending.
- Attend the hearing to present your case.
Would you like more specific guidance on drafting the motion?
What would I title it? What would be a proper title for this issue? And what do I say?
The title for your motion should be "Motion to Correct Clerical Mistake in Court Record."
Here is a brief outline of what you can say in your motion:
- Introduction: "Comes now, [Your Name], the Petitioner in the above-captioned matter, and respectfully moves this Court to correct a clerical mistake in the court record."
- Describe the Mistake: "On [date], a court order was mistakenly entered into the record, stating that a motion to dismiss was granted, which involved a state attorney who was not part of this case."
- Evidence: "Attached to this motion are relevant documents and evidence demonstrating that no such motion was filed or needed in my case."
- Request: "I request that the court correct this clerical error and expunge the mistaken order from the case file."
- Conclusion: "Respectfully submitted, [Your Name]."
Would you like more detailed guidance on drafting this motion?
Here is a brief outline of what you can say in your motion:
- Introduction: "Comes now, [Your Name], the Petitioner in the above-captioned matter, and respectfully moves this Court to correct a clerical mistake in the court record."
- Describe the Mistake: "On [date], a court order was mistakenly entered into the record, stating that a motion to dismiss was granted, which involved a state attorney who was not part of this case."
- Evidence: "Attached to this motion are relevant documents and evidence demonstrating that no such motion was filed or needed in my case."
- Request: "I request that the court correct this clerical error and expunge the mistaken order from the case file."
- Conclusion: "Respectfully submitted, [Your Name]."
Would you like more detailed guidance on drafting this motion?
Let me explain the situation a little bit better, so you can understand better. So I. know exactly what I should file and what. to title my filing So if I had an attorney prior to November * * My court order dated. October *. *. That was drafted by my first attorney and signed by the judge on October 14th. *. That clearly states. partitioners, attorney granted leave to withdraw. Petitioner granted 21 days to. file appearance or hire a new attorney. This case is set for status December *. * I did hire a new attorney on November. * which was in the time frame of the 21 days granted Also what can be determined is that we had a court For status December * * so. I don't know why there was someone else's court case mistaken for. this court case and an order dated November *. * was put into this court file. now that court order dated November * * states that this coming before the court on motion slash respondents. It also states respond on fail to appear. It also states all of the following It is hereby state attorneys slash petitioners motion to dismiss case is granted case. stricken taken off call clearly it wasn't mistake someone else's case was confused with mine
I understand your situation better now. Here's what you can do:
Title for Your Motion:
"Motion to Correct Clerical Mistake in Court Record"
"Motion to Correct Clerical Mistake in Court Record"
Outline for Your Motion:
*. **Introduction:**
"Comes now, [Your Name], the Petitioner in the above-captioned matter, and respectfully moves this Court to correct a clerical mistake in the court record."
*. **Describe the Mistake:**
"On November *, *, a court order was mistakenly entered into the record, stating that a motion to dismiss was granted involving a state attorney who was not part of this case. This order is incorrect and pertains to another case."
*. **Evidence:**
"Attached to this motion are relevant documents and evidence, including the original order dated October *, *, and evidence of my hiring a new attorney within the granted time frame, demonstrating that no such motion was filed in my case."
*. **Request:**
"I request that the court correct this clerical error and expunge the mistakenly entered order from the case file."
*. **Conclusion:**
"Respectfully submitted, [Your Name]."
Would you like more specific guidance on any other part of this process?
*. **Introduction:**
"Comes now, [Your Name], the Petitioner in the above-captioned matter, and respectfully moves this Court to correct a clerical mistake in the court record."
*. **Describe the Mistake:**
"On November *, *, a court order was mistakenly entered into the record, stating that a motion to dismiss was granted involving a state attorney who was not part of this case. This order is incorrect and pertains to another case."
*. **Evidence:**
"Attached to this motion are relevant documents and evidence, including the original order dated October *, *, and evidence of my hiring a new attorney within the granted time frame, demonstrating that no such motion was filed in my case."
*. **Request:**
"I request that the court correct this clerical error and expunge the mistakenly entered order from the case file."
*. **Conclusion:**
"Respectfully submitted, [Your Name]."
Would you like more specific guidance on any other part of this process?
Now I have another question. So if the respondent attorney was aware and had a copy of that, mistaken order put into this court file and use. it to their advantage, meaning on November * * The respondents attorney submitted a * page pretrial memorandum. without providing a copy of that court order or any other document along with her pretrial memorandum. and falsely claimed which was deliberate that this case was taken off call because I as the petitioner failed to file my appearance and the court was forced to strike temporary child support Now after I discovered this court order and what it really states, it's clearly a mistake on the court or the clerk
I'm sorry to hear about the complications in your case. Here’s what you can do to address the respondent attorney's actions:
*. **File a Motion to Correct Clerical Mistake:** Follow the previous guidance to correct the record.
*. **File a Motion to Strike Respondent's Memorandum:** You can argue that the memorandum is based on an incorrect court order and should be disregarded.
Would you like more details on filing the Motion to Strike?
*. **File a Motion to Correct Clerical Mistake:** Follow the previous guidance to correct the record.
*. **File a Motion to Strike Respondent's Memorandum:** You can argue that the memorandum is based on an incorrect court order and should be disregarded.
Would you like more details on filing the Motion to Strike?
No, you're not understanding me. I've already told you what the actual mistake in court order in the vial states. But the respondents attorney completely. stated something else that is. not accurate. What can that be seen as?
I understand your concern. The respondent's attorney's actions could be seen as **misrepresentation** or **fraud upon the court**. Here is what you can consider:
- **Misrepresentation:** Deliberately providing false information to gain an advantage.
- **Fraud upon the court:** Deliberately deceiving the court with false information, impacting the court's decision.
Would you like more information on addressing misrepresentation or fraud upon the court?
- **Misrepresentation:** Deliberately providing false information to gain an advantage.
- **Fraud upon the court:** Deliberately deceiving the court with false information, impacting the court's decision.
Would you like more information on addressing misrepresentation or fraud upon the court?
So I'm thinking that I should first. file to have that mistaken court order. removed from my court file. and after file what you just stated. Fried upon court because the judge did make her ruling based on the false information in the pretrial memorandum.
To address your situation in Illinois, you can follow these steps:
*. **File a Motion to Correct Clerical Mistake:**
- Title: "Motion to Correct Clerical Mistake in Court Record"
- Follow the outline provided earlier.
*. **File a Motion for Fraud Upon the Court:**
- Title: "Motion for Fraud Upon the Court"
- State the respondent’s attorney's misrepresentation.
- Provide evidence showing the incorrect information.
Would you like more details on drafting the "Motion for Fraud Upon the Court"?
*. **File a Motion to Correct Clerical Mistake:**
- Title: "Motion to Correct Clerical Mistake in Court Record"
- Follow the outline provided earlier.
*. **File a Motion for Fraud Upon the Court:**
- Title: "Motion for Fraud Upon the Court"
- State the respondent’s attorney's misrepresentation.
- Provide evidence showing the incorrect information.
Would you like more details on drafting the "Motion for Fraud Upon the Court"?
What does be correct or notNow Comes the Petitioner, Lula Korotkov, pro se, pursuant to the Illinois Civil Code of Procedure, and respectfully moves this Honorable Court to correct a clerical mistake in the court record.
Yes, the opening statement you've provided is generally correct. Here’s a refined version for clarity:
---
**Motion to Correct Clerical Mistake in Court Record**
Now Comes the Petitioner, Lula Korotkov, pro se, pursuant to the Illinois Civil Code of Procedure, and respectfully moves this Honorable Court to correct a clerical mistake in the court record.
---
*. **Introduction:**
- "Comes now, Lula Korotkov, the Petitioner in the above-captioned matter, and respectfully moves this Court to correct a clerical mistake in the court record."
*. **Describe the Mistake:**
- "On November *, *, a court order was mistakenly entered into the record, stating that a motion to dismiss was granted involving a state attorney who was not part of this case. This order is incorrect and pertains to another case."
*. **Evidence:**
- "Attached to this motion are relevant documents and evidence, including the original order dated October *, *, and evidence of my hiring a new attorney within the granted time frame, demonstrating that no such motion was filed in my case."
*. **Request:**
- "I request that the court correct this clerical error and
---
**Motion to Correct Clerical Mistake in Court Record**
Now Comes the Petitioner, Lula Korotkov, pro se, pursuant to the Illinois Civil Code of Procedure, and respectfully moves this Honorable Court to correct a clerical mistake in the court record.
---
*. **Introduction:**
- "Comes now, Lula Korotkov, the Petitioner in the above-captioned matter, and respectfully moves this Court to correct a clerical mistake in the court record."
*. **Describe the Mistake:**
- "On November *, *, a court order was mistakenly entered into the record, stating that a motion to dismiss was granted involving a state attorney who was not part of this case. This order is incorrect and pertains to another case."
*. **Evidence:**
- "Attached to this motion are relevant documents and evidence, including the original order dated October *, *, and evidence of my hiring a new attorney within the granted time frame, demonstrating that no such motion was filed in my case."
*. **Request:**
- "I request that the court correct this clerical error and
I discovered this mistake. on December * *
I'm sorry to hear about the issues with your court case. Here’s how you can address the clerical mistake and subsequent actions:
*. **File a "Motion to Correct Clerical Mistake in Court Record":**
- **Introduction:**
"Comes now, Lula Korotkov, the Petitioner in the above-captioned matter, and respectfully moves this Court to correct a clerical mistake in the court record."
- **Describe the Mistake:**
"On November *, *, a court order was mistakenly entered into the record, stating that a motion to dismiss was granted involving a state attorney who was not part of this case. This order is incorrect and pertains to another case."
- **Evidence:**
"Attached to this motion are relevant documents and evidence, including the original order dated October *, *, and evidence of my hiring a new attorney within the granted time frame, demonstrating that no such motion was filed in my case."
- **Request:**
"I request that the court correct this clerical error and expunge the mistakenly entered order from the case file."
- **Conclusion:**
"Respectfully submitted, Lula Korotkov."
*. **File a "
*. **File a "Motion to Correct Clerical Mistake in Court Record":**
- **Introduction:**
"Comes now, Lula Korotkov, the Petitioner in the above-captioned matter, and respectfully moves this Court to correct a clerical mistake in the court record."
- **Describe the Mistake:**
"On November *, *, a court order was mistakenly entered into the record, stating that a motion to dismiss was granted involving a state attorney who was not part of this case. This order is incorrect and pertains to another case."
- **Evidence:**
"Attached to this motion are relevant documents and evidence, including the original order dated October *, *, and evidence of my hiring a new attorney within the granted time frame, demonstrating that no such motion was filed in my case."
- **Request:**
"I request that the court correct this clerical error and expunge the mistakenly entered order from the case file."
- **Conclusion:**
"Respectfully submitted, Lula Korotkov."
*. **File a "
Disorder. clearly states my name. the respondents name our case number and states as the following order This case coming to be heard on motion. slash respondents. The court having jurisdiction. now in the part where it states present in court. Nothing is checked. Assistant states attorney petitioner. Respondents attorney. Respondent. None of those are checked. Goes on to state. The court finds respondent failed to appear on *. *. *. Then states. It is hereby ordered The state's attorney. Slash petitioners motion. for voluntarily dismissal is hereby granted. the pleading is hereby stricken with leave to reinstate. other off call. and this order was signed by the judge. November *. *. Now they clearly mistaken somebody else's case with mine.
I understand your situation. Here’s how to address the clerical mistake:
Motion to Correct Clerical Mistake in Court Record
**Introduction:**
"Comes now, Lula Korotkov, the Petitioner in the above-captioned matter, and respectfully moves this Honorable Court to correct a clerical mistake in the court record."
**Describe the Mistake:**
"On November *, *, a court order was mistakenly entered into the record, stating that a motion to dismiss was granted involving a state attorney who was not part of this case. This order is incorrect and pertains to another case."
**Evidence:**
"Attached to this motion are relevant documents and evidence, including the original order dated October *, *, and evidence of my hiring a new attorney within the granted time frame, demonstrating that no such motion was filed in my case."
**Request:**
"I request that the court correct this clerical error and expunge the mistakenly entered order from the case file."
**Conclusion:**
"Respectfully submitted, Lula Korotkov."
Would you like more details on the process of filing this motion?
**Introduction:**
"Comes now, Lula Korotkov, the Petitioner in the above-captioned matter, and respectfully moves this Honorable Court to correct a clerical mistake in the court record."
**Describe the Mistake:**
"On November *, *, a court order was mistakenly entered into the record, stating that a motion to dismiss was granted involving a state attorney who was not part of this case. This order is incorrect and pertains to another case."
**Evidence:**
"Attached to this motion are relevant documents and evidence, including the original order dated October *, *, and evidence of my hiring a new attorney within the granted time frame, demonstrating that no such motion was filed in my case."
**Request:**
"I request that the court correct this clerical error and expunge the mistakenly entered order from the case file."
**Conclusion:**
"Respectfully submitted, Lula Korotkov."
Would you like more details on the process of filing this motion?
Here's my thing should it not state. That on December * *. it was discovered that there was a order dated November *. * placed in * my court file by mistake clear. ly they confused someone else's case with our case.
Yes, you should state when you discovered the mistake. Here’s a revised outline:
---
**Motion to Correct Clerical Mistake in Court Record**
*. **Introduction:**
- "Comes now, Lula Korotkov, the Petitioner in the above-captioned matter, and respectfully moves this Honorable Court to correct a clerical mistake in the court record."
*. **Describe the Mistake:**
- "On November *, *, a court order was mistakenly entered into the record, stating that a motion to dismiss was granted involving a state attorney who was not part of this case. This order is incorrect and pertains to another case."
*. **Discovery of the Mistake:**
- "I discovered this mistake on December *, *."
*. **Evidence:**
- "Attached to this motion are relevant documents and evidence, including the original order dated October *, *, and evidence of my hiring a new attorney within the granted time frame, demonstrating that no such motion was filed in my case."
*. **Request:**
- "I request that the court correct this clerical error and expunge the mistakenly entered order from the case file."
*. **Conclusion:
---
**Motion to Correct Clerical Mistake in Court Record**
*. **Introduction:**
- "Comes now, Lula Korotkov, the Petitioner in the above-captioned matter, and respectfully moves this Honorable Court to correct a clerical mistake in the court record."
*. **Describe the Mistake:**
- "On November *, *, a court order was mistakenly entered into the record, stating that a motion to dismiss was granted involving a state attorney who was not part of this case. This order is incorrect and pertains to another case."
*. **Discovery of the Mistake:**
- "I discovered this mistake on December *, *."
*. **Evidence:**
- "Attached to this motion are relevant documents and evidence, including the original order dated October *, *, and evidence of my hiring a new attorney within the granted time frame, demonstrating that no such motion was filed in my case."
*. **Request:**
- "I request that the court correct this clerical error and expunge the mistakenly entered order from the case file."
*. **Conclusion:
When the clerk gave me a copy of that order from the court file I asked. why? this was placed into my court file. The clerk couldn't give me an answer.
I understand your frustration. Here’s a complete motion outline including the discovery date:
---
**Motion to Correct Clerical Mistake in Court Record**
*. **Introduction:**
- "Comes now, Lula Korotkov, the Petitioner in the above-captioned matter, and respectfully moves this Honorable Court to correct a clerical mistake in the court record."
*. **Describe the Mistake:**
- "On November *, *, a court order was mistakenly entered into the record, stating that a motion to dismiss was granted involving a state attorney who was not part of this case. This order is incorrect and pertains to another case."
*. **Discovery of the Mistake:**
- "I discovered this mistake on December *, *, when the clerk provided me with a copy of the order. The clerk was unable to explain its presence in my case file."
*. **Evidence:**
- "Attached to this motion are relevant documents and evidence, including the original order dated October *, *, and evidence of my hiring a new attorney within the granted time frame, demonstrating that no such motion was filed in my case."
*. **Request:**
- "I request that
---
**Motion to Correct Clerical Mistake in Court Record**
*. **Introduction:**
- "Comes now, Lula Korotkov, the Petitioner in the above-captioned matter, and respectfully moves this Honorable Court to correct a clerical mistake in the court record."
*. **Describe the Mistake:**
- "On November *, *, a court order was mistakenly entered into the record, stating that a motion to dismiss was granted involving a state attorney who was not part of this case. This order is incorrect and pertains to another case."
*. **Discovery of the Mistake:**
- "I discovered this mistake on December *, *, when the clerk provided me with a copy of the order. The clerk was unable to explain its presence in my case file."
*. **Evidence:**
- "Attached to this motion are relevant documents and evidence, including the original order dated October *, *, and evidence of my hiring a new attorney within the granted time frame, demonstrating that no such motion was filed in my case."
*. **Request:**
- "I request that
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