![]() ![]() ![]() ![]() Rather, the clarification must “more clearly reflect contemporaneous intent.” Burton, 975 F.2d at 694." "A district court is not permitted, however, to clarify a judgment pursuant to Rule 60(a) to reflect a new and subsequent intent because it perceives its original judgment to be incorrect.” Id. Rule 60(a) may be used “for the purpose of reflecting accurately a decision that the court actually made.” Weeks v. The Court is persuaded by these cases and will apply the standards used for Rule 60(a) to Plaintiffs’ motion. even in the absence of ambiguity, if necessary for enforcement.” Garamendi, 683 F.3d at 1080. Under this authority, Rule 60 may be used “for clarification and explanation. 2012) (citation omitted) see also Sartin v. "At least two circuits have held that Rule 60(a), which allows for correction “from oversight or omission,” may be used “to correct a failure to memorialize part of its decision,” which is basically the question at issue here. Indirect Authority: Appellate Courts have held that Rule 60(a) provides indirect authority for a motion to clarify.At most, Defendant’s motion references (in a footnote) an unpublished Middle District of Florida case, in which the court construed a motion for clarification as a motion for reconsideration and applied the legal standard for that type of motion." That is likely because neither the Federal Rules of Civil Procedure nor the Local Rules contemplate such a motion. Defendant’s motion for clarification cites no legal standard for the Court to apply. "Defendant’s motions perplex the Court for procedural and substantive reasons. Lack of Explicit Authority: There is no rule that explicitly gives district courts the power to handle motions for clarification."The presiding officer before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case, including bifurcating the proceeding." The presiding officer shall conduct such proceedings and enter such orders as are deemed necessary to dispose of issues raised by the motion." All motions shall be in writing unless made on the record during a hearing, and shall fully state the action requested and the grounds relied upon. "(1) All requests for relief shall be by motion. No additional time shall be allowed for mailing." "A motion to reconsider, vacate, or modify an order granting or denying relief under FRAP 18 must be filed within 21 days of the entry of such order. All notices of hearing must specify each motion or other matter to be heard." The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. "An application to the court for an order must be by motion which must be made in writing unless made during a hearing or trial, must state with particularity the grounds for it, and must set forth the relief or order sought. 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. The court may do so on motion or on its own, with or without notice. 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. "(a) CORRECTIONS BASED ON CLERICAL MISTAKES OVERSIGHTS AND OMISSIONS. Florida Bar Appellate Practice Section © 2016 You ask the Court to clarify its prior orderįurther explanation, such as to make clear something that may be confusing or misunderstood. The order's ambiguity will obstruct your case/rights ![]() The judge (in your case) entered an ambiguous/unclear order/judgment ![]()
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