§7.04 Motion to Correct or Vacate Error || Small Claims Court: Procedures and Practices

Lesson 7.
Postjudgment Proceedings

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§7.04 Motion to Correct or Vacate Error

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A party may file a motion [CCP §116.725(a)]:

To correct a clerical error in the judgment or
To set aside and vacate a judgment on the ground of an incorrect or erroneous legal basis for the decision.

Each party may file only one such motion, which must be filed within 30 days after the notice of entry of judgment was mailed. [CCP §116.725(a)(2), (b).] You may bring such a motion on your own at any time. [CCP §116.725(a)(1).] If you are considering setting aside or changing a judgment in a substantive matter, you should schedule a hearing so that the parties will be informed and have an opportunity to be heard.

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At any time after judgment and for good cause shown, a party may move to amend the name of any party to include both the correct legal name and the names that party actually used. [CCP §116.630.]

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